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The Main Factor That Differentiates a Negligence Claim From a Malpractice Claim

When you are the victim of a crime or an injury that could have been prevented, it’s natural to want to hold someone responsible. However, it’s important to understand the difference between a negligence claim and a malpractice claim so that you can pursue the appropriate legal action. Here’s what you need to know.
The main factor that differentiates the two is whether the at-fault party is a professional. If the at-fault party is a professional, such as a doctor, then you would have a malpractice claim. If the at-fault party is not a professional, then you would have a negligence claim.

What is Negligent Security?

Negligent security occurs when someone is injured due to the lack of security measures in place. For example, if you are attacked in a parking garage that does not have adequate lighting or security cameras, then you may have a case for negligent security. 

What is Malpractice?

Malpractice occurs when someone is injured due to the professional negligence of another. For example, if you are misdiagnosed by your doctor, then you may have a case for medical malpractice. 
One of the challenges of filing a malpractice claim is proving intent. In order for your claim to be successful, you will need to provide evidence that the person you are suing knew that their actions could lead to harm and chose to do nothing about it. This can be difficult to do, which is why it’s important to work with an experienced attorney who can help you gather the evidence you need. 
If you are ever the victim of negligent security or medical malpractice, it is important to know which type of claim you have. At Vastola Legal, we have experience in handling negligence and malpractice claims. We will work very hard to ensure you receive the compensation you deserve. Contact us today!

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