What Is The Difference Between Nursing Negligence and Malpractice In Georgia?
When a patient suffers harm in a healthcare setting, the terms “negligence” and “malpractice” are often used interchangeably. However, there are important legal distinctions between the two—especially when it comes to the actions (or inactions) of nurses. At The Spizman Firm in Atlanta, we help individuals and families understand their rights when injury or wrongful death occurs as a result of substandard medical care, including cases involving both nursing negligence and malpractice.
Understanding Nursing Negligence
Nursing negligence refers to a nurse’s failure to perform a basic duty of care, resulting in harm to a patient. This could include failing to monitor a patient’s vital signs, forgetting to administer medication, or improperly using medical equipment. Importantly, negligence doesn’t always require intent—it can happen due to inattention, oversight, or failure to follow hospital policies.
For example, if a nurse forgets to raise the side rails on a hospital bed and the patient falls and gets injured, this could be considered nursing negligence. The key elements are a breach of duty and a resulting injury that could have been avoided with reasonable care.
What Constitutes Nursing Malpractice?
Malpractice is a specific type of negligence that occurs when a healthcare provider, such as a nurse, fails to meet the professional standard of care expected in their field. It typically involves a higher level of accountability and often requires expert testimony to prove that the nurse’s actions fell below the acceptable standard.
An example of nursing malpractice might be administering the wrong dosage of medication despite clear medical records and doctor’s orders. If that error results in serious injury or death, it rises to the level of malpractice. The distinction lies in the professional judgment involved—the nurse wasn’t just careless; they failed to exercise the training and skill expected of someone in their role.
Key Legal Differences
- Standard of Proof: Both negligence and malpractice require proof of duty, breach, causation, and damages. However, malpractice cases usually require expert testimony to establish the professional standard of care.
- Complexity: Malpractice claims tend to be more complex than negligence claims. Courts often scrutinize malpractice cases more closely, and additional legal procedures (such as affidavits of merit) may be required.
- Damages: Both types of claims may result in compensation for medical expenses, lost wages, and pain and suffering. Malpractice claims, however, may also open the door to punitive damages in egregious cases.
Why It Matters
Understanding the difference between negligence and malpractice is important for both patients and their families. It can impact how a case is filed, what kind of evidence is needed, and the type of compensation that may be available. If you or a loved one has suffered due to poor nursing care, identifying the correct legal approach is essential.
At The Spizman Firm, we help clients throughout Georgia navigate complex medical negligence and malpractice claims. Our experienced Atlanta Personal Injury Attorneys are here to ensure your rights are protected and that you receive the justice you deserve. We proudly serve communities across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.
