When something in your care doesn’t feel right, you start asking: was this just bad luck—or something preventable? And the law makes that distinction, too. “Negligence” and “malpractice” sound similar, but they aren’t the same. Understanding how Georgia law separates them can shape what happens next—if anything happens at all.
What “Negligence” Really Means
In its simplest form, negligence means someone didn’t act with the care they should have. It’s not about intention. It’s not about doing something on purpose. It’s about failing to do what most people would, and someone else getting hurt because of it.
In medicine, that might mean a test result gets overlooked, or a follow-up never happens. Nothing dramatic. Just a gap. And the patient ends up paying for it.
To bring a negligence claim, you’ll need:
- Duty: A doctor-patient relationship
- Breach: A failure to meet reasonable expectations
- Cause: That failure made things worse
- Harm: Not just frustration—real, measurable harm
Malpractice: When It’s Bigger Than a Mistake
Malpractice is a type of negligence, but more specific—and usually more serious. It involves a licensed professional doing something (or not doing something) that no competent provider in their position would have done.
It’s not just a slip-up. It’s a departure from accepted medical standards. And proving that usually means bringing in other professionals to say: “Yes, this fell short.”
Malpractice examples may include:
- Operating on the wrong part of the body
- Failing to diagnose a condition when all signs pointed to it
- Prescribing a drug despite a documented allergy
- Not getting clear consent before a risky procedure
Why the Difference Matters
The outcome can look the same—pain, disruption, cost—but the path to proving it depends on which category it fits.
- Negligence: Broader. Doesn’t always involve licensed professionals.
- Malpractice: Narrower. Only applies to those with a medical license.
- Evidence: Malpractice usually needs expert testimony.
- Complexity: Malpractice tends to take longer, cost more, and face more resistance.
The “Standard of Care”—and Why It’s So Central
Everything comes back to this idea: what would a similarly trained provider have done in the same situation? If your doctor fell short of that—and harm followed—it may be grounds for a malpractice claim.
But not every provider has the same tools. Rural clinics aren’t judged by big-city hospital standards. Georgia courts consider context—location, resources, urgency—when deciding whether the standard was met.
What Counts as Real Harm?
This is important. Not every error leads to a lawsuit. If no actual damage occurred—if the error was caught in time, or didn’t affect your outcome—then the law won’t recognize it as a claim.
But if you lost time, money, function, or peace of mind? Then you may have something worth pursuing.
Common Defenses You Might Hear
Providers and their lawyers may argue:
- You knew the risks — and agreed anyway
- You contributed to the outcome — by skipping a step or ignoring instructions
- It was an emergency — and they did the best they could
- They followed protocol — even if the result was bad
Some defenses are strong. Some aren’t. But knowing what to expect helps you prepare.
What You Might Be Entitled To
- Economic damages: The stuff you can measure—bills, time off work, therapy
- Non-economic damages: The harder stuff—pain, anxiety, loss of enjoyment
- Punitive damages: Rare, but possible when recklessness is extreme
Every case is different. But the better your documentation, the stronger your claim.
Negligence or Malpractice? Don’t Decide Alone
You’re not expected to know the legal definition. What you need to know is this: if you were hurt—and if it could’ve been avoided—there’s value in asking questions.
Start Here
At Adams, Jordan & Herrington, P.C., our team helps people across Macon make sense of what happened—and what to do next. We listen. We review records. We bring in experts. And if your case fits the legal criteria, we’ll build it with care and clarity.
Contact us for a free, no-pressure consultation with a Macon medical malpractice lawyer who can help you find out whether what happened to you fits under negligence, malpractice, or something else entirely.
