Difference Between Negligence and Malpractice

In everyday conversations and even in legal discussions, the terms negligence and malpractice are often used interchangeably. However, from a legal perspective, these terms are distinct and have important differences, especially in the Indian context. Understanding these differences between negligence and malpractice is crucial because it affects how claims are made, the kind of evidence needed, and the remedies available.

What is Negligence?

Negligence is a broad legal concept that refers to a failure to exercise reasonable care that a prudent person would take in similar circumstances. This failure results in harm or injury to another person. Importantly, negligence does not require intent to harm; it is about carelessness or omission that leads to damage.

Legally, negligence is established by proving four main elements:

1. Duty of Care: The defendant owed a duty to the plaintiff to act with reasonable care.
2. Breach of Duty: The defendant breached that duty by failing to meet the required standard.
3. Causation: The breach directly caused the harm or injury.
4. Damages: The plaintiff suffered actual harm or loss as a result.

The Supreme Court of India has emphasised that duty of care evolves with societal developments. For instance, in Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum, the Court held that public authorities owe a duty of care to the public and can be held liable if they fail in this responsibility.

Negligence can arise in many contexts — road accidents, workplace injuries, faulty products, and public authority failures are common examples. It is a foundational principle in tort law aiming to compensate victims for avoidable harm caused by others’ carelessness.

Negligence is further categorised into various types:

• Ordinary Negligence: Simple failure to exercise reasonable care.
• Comparative Negligence: When the plaintiff’s own negligence contributes to the harm.
• Contributory Negligence: If the plaintiff is even slightly negligent, they may be barred from compensation.
• Vicarious Negligence: Liability for the negligence of another, such as an employer for an employee.
• Gross Negligence: Extreme carelessness demonstrating reckless disregard for safety.
• Criminal Negligence: Negligence so severe it attracts criminal liability.

What is Malpractice?

Malpractice is a specialised form of negligence that applies to professionals — individuals who possess specialised knowledge, skills, or expertise and owe a duty to perform to certain accepted professional standards. When a professional fails to meet these standards, causing harm or loss to a client or patient, it constitutes malpractice, often called professional negligence.

In India, the term malpractice is not commonly used in formal legal proceedings. Instead, medical negligence is the preferred term in healthcare, while in legal practice, breaches are addressed under professional misconduct or professional negligence. Nonetheless, “malpractice” is widely used informally and in global legal discussions.

The essential elements of malpractice are similar to negligence but with the added requirement that the breach must fall below the standard expected of a competent professional in that field:

1. Existence of a Professional-Client Relationship: Duty arises once a professional agrees to provide services.
2. Breach of Professional Duty: Failure to act according to accepted standards of the profession.
3. Causation: The breach caused injury or loss.
4. Damages: Quantifiable harm suffered by the client or patient.

For example, in medicine, a doctor must provide treatment consistent with what a reasonably competent medical practitioner would provide. The Supreme Court in Dr. Laxman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole held that as long as a doctor acts in accordance with a responsible body of professional opinion, he is not negligent even if other doctors might disagree.

Legal malpractice includes acts like missing filing deadlines, failing to prepare a case adequately, or having conflicts of interest. The Advocates Act, 1961 and Bar Council Rules govern professional conduct, and breaches can lead to both disciplinary action and civil claims for damages.

Key Differences Between Negligence and Malpractice

Definitions and Scope

• Negligence: Failure to exercise reasonable care causing harm, committed by anyone, professional or not.
• Malpractice: A specialised type of negligence committed by professionals who fail to meet the accepted standards in their practice.

Standard of Care

• Negligence: Judged by what a reasonable person would do in similar circumstances.
• Malpractice: Judged by professional standards specific to the field, such as medicine, law, or accounting.

Proof and Expert Evidence

• Negligence: Often can be proved by common-sense and circumstantial evidence.
• Malpractice: Usually requires expert testimony to establish the standard of care and breach thereof.

Terminology in India

• Negligence: The widely accepted legal term for carelessness causing harm.
• Malpractice: Loosely used in India; formally replaced by medical negligence in healthcare and professional misconduct in legal profession.

Intent

• Negligence: Generally unintentional.
• Malpractice: Also generally unintentional, contrary to some beliefs; it is about falling below professional standards, not deliberate harm.

Examples

• Negligence: A driver causing an accident by ignoring traffic rules.
• Malpractice: A surgeon performing an operation incorrectly or a lawyer missing a critical court deadline.

Remedies and Consequences

• Negligence: Typically results in a civil claim for damages.
• Malpractice: May also involve disciplinary actions by professional bodies alongside civil claims.

Summary Table: Negligence vs Malpractice

Professional Misconduct vs Malpractice in Legal Profession

In the legal profession, acts commonly referred to as “malpractice” are addressed under the framework of professional misconduct governed by the Advocates Act, 1961. State Bar Councils hold disciplinary powers to reprimand, suspend, or remove advocates for unethical or negligent behaviour.

Legal professionals are expected to exercise due skill and diligence. Failure to do so can lead to disciplinary action and civil liability for damages. For example, missing filing deadlines or inadequate case preparation may lead to such claims.

Conclusion

Negligence and malpractice are related but distinct legal concepts. Negligence is a broad term referring to any failure to exercise reasonable care that causes harm, regardless of professional status. Malpractice, or professional negligence, is a specific subset applicable only to professionals who fail to meet the standards expected in their specialised field.

In India, the term “malpractice” is not formally used in law; instead, medical negligence and professional misconduct are the operative terms in healthcare and legal professions, respectively. Proof of malpractice generally requires expert evidence to establish professional standards and their breach, whereas negligence can sometimes be proved through common-sense reasoning.