Medical negligence is slightly different from medical malpractice, but it’s an important distinction when it comes to financial recovery for harm. The term “negligence” implies that there was no intent to harm. If, for example, a surgical sponge is accidentally left in a patient’s body during an operation, this oversight can obviously be harmful, but it was almost certainly unintentional.
If, on the other hand, a medical provider fails to order a needed test because a patient’s insurance won’t cover it, knowing that a failure to act could increase health risk for the patient, it would be malpractice if the patient suffered injury or illness due to the breach of standards. While patients can seek compensation in cases of both medical negligence and medical malpractice, you’ll need to work with a qualified attorney to determine which type of case you should pursue.