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What is malpractice, and how does it differ from negligence? They are both nearly the same.  Negligence is the failure to use proper care, and malpractice is the failure to use the care that an ordinary physician would have used in the same scenario.  The difference is that in a malpractice case, you need an expert witness to testify that someone violated the standard of care.

Ben Glass
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Ben Glass is a nationally recognized ERISA disability & life insurance attorney in Fairfax, VA.