The terms "medical malpractice" and "medical negligence" are often used interchangeably. However, there are distinct differences between the two. Medical malpractice involves a breach in the standard of care. This breach suggests indirect intent, in that the doctor knew what the standard of care was and that a failure to apply that standard of care to the patient he or she was treating could result in physical harm, but failed to apply it for whatever reason.
In cases involving medical negligence, however, there is no intent, indirect or otherwise. There is simply a mistake that the health care provider made while treating a patient. An experienced attorney can look at the details of your case to determine if it involved medical malpractice or medical negligence.