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What is Medical Negligence?



Negligence means carelessness.

Medical negligence means the carelessness of a doctor or a hospital.

What then is medical malpractice?

It means the same thing. It means improper care and treatment rendered by a doctor or healthcare provider.

In a medical malpractice case in New York, we are required to bring in medical experts to testify and explain to the jury what occurred and why. Since many of the treatments and concepts provided by a physician involve knowledge that is beyond most laypeople, an expert is required to come in to explain to the jury in basic terms and in understandable terms what went on and why.

Some people describe medical malpractice as “A departure from good and accepted medical care.” Another term that is used often is “A deviation from good medical care.”

No matter which way you describe it, medical carelessness refers to the standard of care normally afforded in that situation and a breach of that standard. Many times those standards are not set down in writing, but what is commonly referred to in the community as the standard of care being rendered in the community or throughout the nation.

You may also heard the term “Board certified.” That refers to the highest level certification a doctor can achieve and essentially sets the baseline standard of care that all doctors in that specialty are required to know.