As long as humans are going to be the medical providers in the world and probably after there will be medical malpractice and negligence cases occurring in the world. This is because humans will be human and mistakes will occur during medical assessments and treatment. What we as people need to understand is the difference between the two and what they really mean. Medical negligence can be defined as a general term that denotes conduct lacking in due care; carelessness; and a deviation from the standard of care that a reasonable person would use in a particular set of circumstances(Urol, 2009). Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence(Bal, 2009). These two terms seem very interchangeable and they are since malpractice is a subset in the laws that cover negligence. However, it is the provider that can be sued for malpractice, as to where negligence can be anyone that would be involved in a negative outcome. When we look at medical malpractice, a good example that I have seen occur is when a provider does not follow the current guidelines for procedures. I have witnessed this more than once in the field of paramedicine because the paramedic refuses to stay relevant and keep on learning. The paramedic had to perform advanced cardiac life support but they did not follow the updated algorithm that was now being used. They used one from before that they had memorized and not the new one they had been taught. This resulted in a negative outcome for the patient. This would be an example case for malpractice. Another example would be a clerk who is charting for a doctor. This clerk then writes down the wrong diagnosis for a patient being seen, this then leads to the patient not receiving the correct medical treatment or specialized consultation that the patient needs because the doctor never reviewed the notes and did not perform a follow-up. Because this has two parts involved, one a provider and the other not a provider, both could be found negligent in this case and malpractice would not apply to the clerk. The negligence would apply to the clerk. Bryan Bal, B. S. (2009, February). An introduction to medical malpractice in the United States. Clinical Orthopedics and related research. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/. Pandit, M. S.,
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