​Is It Medical Malpractice or Ordinary Negligence?

In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence…barrettlaw.com, ​Is it medical malpractice or ordinary negligence?


Whether a claim is one for medical malpractice or ordinary negligence can also affect whether the claims is covered by a healthcare provider’s professional negligence or general liability insurance policy.


While the general rule in the insurance context is that the insurance company controls the defense of a claim and can make the decision to pay a settlement without the insured’s permission, professional negligence policies often contain a provision that requires, in at least some cases, the insured’s permission to settle a claims.


Medical malpractice lawyers understand the importance of this question, which is why the issue is often litigated through the time-consuming process of an appeal in closed cases.


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