What is the difference between malpractice and negligence?
Malpractice is a description of facts.
Negligence is determined by court.
The patient had a stroke in the past. In the emergency department, the physician A did not send the patient for a head computed tomography scan. After the patient getting worse, the physician B found the patient having intracranial hemorrhage next morning and performed ventriculostomy. Unfortunately, the patient passed away two days later.
Issues in the case:
Did the physician A miss the golden window of intracranial hemorrhage treatment since a head computed tomography scan was not performed immediately?
The court considered the survival rate was near zero no matter what treatment the patient received. The cause of the patient’s death was not related to the physician A’s possible malpractice. The court found the physician A not guilty.