The Difference Between General Negligence and Medical Malpractice
When someone is injured because another person or company acted carelessly, the law provides a path to hold them accountable. Most people understand this concept in everyday situations – like car accidents or slip-and-falls – as negligence. But when that carelessness happens in a medical setting, involving licensed healthcare professionals, the law treats the claim very differently. In that case, it may rise to the level of medical malpractice.
Though both types of claims are based on the idea of failing to act with reasonable care, general negligence and medical malpractice are legally distinct. That distinction matters. If you or a loved one has been seriously injured and you’re considering a lawsuit, it’s important to understand how these claims differ – and why medical malpractice cases are far more complex.
General Negligence Explained
General negligence is a legal claim that arises when someone fails to use reasonable care under the circumstances, and that failure causes harm. The person or company being sued doesn’t need to have intended harm—they simply acted (or failed to act) in a way that a reasonably careful person would not have.
These types of claims can involve just about any setting: a distracted driver running a red light, a grocery store failing to clean up a spill, or a landlord who doesn’t fix a broken handrail. What they have in common is that they do not involve medical judgment or healthcare decisions by licensed professionals.
In Pennsylvania, general negligence claims typically follow straightforward legal rules. The plaintiff must show that the defendant owed a duty of care, breached that duty, and that the breach caused actual harm. These claims don’t usually require expert testimony or specialized legal procedures, and they tend to move faster through the courts.
What Is Medical Malpractice?
Medical malpractice, sometimes called medical negligence, is a specific and more complex type of negligence. It refers to injuries caused by a licensed healthcare provider—such as a doctor, nurse, surgeon, or hospital—failing to meet the professional standard of care expected in their field.
In a medical malpractice claim, the standard of care is not based on what a “reasonable person” would do, but rather what a reasonably competent medical professional in the same specialty would have done under the same circumstances. For example, if an emergency room doctor fails to recognize the signs of a stroke or if a radiologist misreads a scan showing a tumor, the question becomes: would other doctors in that specialty have made the same mistake?
In Pennsylvania, you must prove four things to win a malpractice case: (1) a provider-patient relationship existed, (2) the provider breached the standard of care, (3) the breach caused harm, and (4) the patient suffered measurable damages. Importantly, medical malpractice claims require expert testimony to establish what the standard of care was and how the provider deviated from it. Without that expert support, the case cannot proceed.
Key Legal Differences
The distinction between general negligence and medical malpractice affects how your case must be filed and litigated.
For starters, malpractice claims in Pennsylvania require a Certificate of Merit. This is a legal document, filed shortly after the lawsuit begins, in which a qualified medical expert affirms that the case has merit—that is, that the defendant’s care likely violated accepted medical standards and caused harm. General negligence claims do not require this step.
Additionally, medical malpractice cases often require multiple expert witnesses, detailed analysis of medical records, and specialized legal strategy. They take longer to investigate and are more costly to pursue. Courts also apply specific venue rules to malpractice claims. For example, in Pennsylvania, a medical malpractice suit generally must be filed in the county where the alleged negligence occurred, whereas general negligence claims offer more flexibility in venue.
Real-World Examples of the Distinction
Understanding the distinction between these two types of claims is easiest through real-world examples.
Imagine a patient falls in a hospital hallway. If the fall occurred because a janitor mopped the floor but failed to place a warning sign, that may be a general negligence claim—because it doesn’t involve a medical decision or professional judgment. But if the fall happened because a nurse left a sedated patient unattended despite orders for continuous supervision, that could be medical malpractice—because it involves a medical decision and the failure to meet a professional duty of care.
In another example, if a patient experiences severe complications because a doctor failed to recognize signs of sepsis and discharged them prematurely, that would almost certainly qualify as medical malpractice. Conversely, if a hospital security guard assaulted a visitor, the legal claim would likely be general negligence—or intentional tort—not malpractice.
Sometimes, a single incident gives rise to both types of claims. In these cases, the complaint must be carefully drafted to separate the theories of liability and ensure compliance with the procedural rules that apply to malpractice claims.
Why the Difference Matters
The difference between general negligence and medical malpractice matters not just for legal classification, but for how your case will proceed—and whether it can succeed.
If you file what is really a malpractice claim but label it as negligence to avoid the Certificate of Merit requirement, your case could be dismissed. On the other hand, failing to recognize that part of your injury resulted from general negligence could limit your recovery or leave out liable parties. That’s why it’s critical to work with lawyers who are experienced in both types of claims and know how to apply the right legal standards to the facts of your case.
At Lupetin & Unatin, we routinely evaluate complex injury cases that require sorting out the interplay between general negligence and medical malpractice. We understand the legal standards, procedural requirements, and the expert resources needed to build a strong case—whether the harm came from a careless employee or a negligent physician.
Let Us Help You Understand Your Rights
If you’ve been seriously injured in a medical facility, hospital, clinic, or nursing home—and you’re not sure whether the claim involves general negligence or medical malpractice—the Pittsburgh medical malpractice attorneys of Lupetin & Unatin can help. We offer free case evaluations, and our experienced team will carefully review your case, explain your options, and help you decide the best path forward.