After a loved one is hurt in a hospital, nursing home, assisted living facility, or other care setting, most people are unsure whether what happened to their loved one was medical malpractice, neglect, or abuse — but the difference matters. Neglect, malpractice, and abuse are three different kinds of claims. They have unique legal standards, and the appropriate category will guide the legal process.

The most difficult part of the situation is that families only see the result of the harm and not the events leading up to it. No one outside of the facility knows exactly what happened to cause the injury or death. Nonetheless, this article is intended to help you understand these important differences in simple terms.

Neglect vs. Abuse vs. Malpractice: What’s the Difference?

Neglect, abuse, and malpractice are three legal categories with their own rules, causes, and outcomes. Abuse and malpractice both cause injury through acts of commission. Neglect involves injury by omission.  

The critical difference between abuse and malpractice lies in intent (and the type of staff involved). More specifically, abuse typically involves intentional or reckless mistreatment by a caregiver or staff member. It is not an accident. Malpractice occurs when a doctor, nurse, nurse practitioner, or other medical provider provides improper or negligent medical care, fails to follow accepted medical standards of care, or causes a preventable medical error.

Neglect occurs when a nursing home or a caregiver fails to provide the basic care a person needs. It may or may not be intentional, but harm still results because help was never given. Let’s take a closer look at all three categories.

What Is Abuse?

As noted above, abuse is caused by intentional acts, not accidents. A person may hit, kick, restrain, bruise, throw objects, shout, or engage in other harmful behavior toward a resident. There can also be sexual misconduct or punitive actions, such as withholding care or isolating a resident. Abuse often reflects elements of cruelty or a power dynamic.

Physical abuse can include striking a resident, forcefully grabbing or holding a resident down, shouting, name-calling, or making threats. Other examples include improperly or unnecessarily restraining or isolating a resident as a form of punishment. Abuse also covers any kind of non-consensual sexual contact or exploitation.

What Is Medical Malpractice?

Malpractice is about medical decisions. It is when a doctor, nurse, nurse practitioner, or other medical provider made a medical error or judgment call that fell short of accepted medical standards. Medical mistakes can occur anywhere, not just in hospitals.

Malpractice can include misdiagnosis or delayed diagnosis, failure to order lab tests or diagnostics, medication errors like writing a bad prescription or making a decision about medication dosage, failure to follow up on lab results or clear symptoms, and failure to call a doctor or specialist when needed. 

What Is Neglect?

Neglect is a failure to provide help or supervision. In these cases, the resident was not intentionally hurt, but they were put at risk of injury or even death because staff did not or could not meet the resident’s day-to-day needs. Neglect is widespread in understaffed or poorly run facilities, where employees are rushed, inattentive, or underqualified.

Examples of neglect include failing to help a resident drink or eat, failing to assist them with using the restroom or incontinence issues, ignoring call lights or safety alarms, and leaving a resident in the same position for so long that bedsores develop. Neglect can also involve failing to monitor a known medical condition or to call for help when vital signs or symptoms worsen.

How the Three Categories Can Overlap

It is very common for cases to fall into more than one category. For instance, a resident may experience neglect when staff fail to turn them and they develop bedsores, but then face malpractice when an infection occurs and is not monitored or treated by medical staff. A resident may be abused by a nurse aide, but the home could also be liable for negligence if it ignored complaints about that staff member or failed to do background checks.

The harm may be part of a larger system failure: unsafe staffing levels, lack of supervision, and poor conditions that contribute to both neglect and medical mistakes.

Determining Your Type of Case

First and foremost, we recommend speaking to a knowledgeable nursing home abuse lawyer as soon as possible to discuss your specific situation. Determining the type of case you have can be tricky, but our team can help clarify based on certain events that may have taken place. Still, there are indicators that may help you get a sense of the type of case you have.

For instance, if the harm appears to have been intentional, such as being roughly handled, restrained, humiliated, or treated in a fear-based manner, this may be considered abuse. If the harm to your loved one occurred because staff failed to assist with basic needs, such as food, drink, hygiene, safety, mobility, or supervision, the situation is likely one involving neglect. If the harm was caused by a medical error, delayed treatment, misdiagnosis, or failure to provide proper medical care, then it is likely malpractice.

In most cases, families have no idea what actually happened until they see the records. What matters most initially is not labeling the case perfectly — it is recognizing that something preventable happened and that someone needs to be held responsible.

Look Out for the Warning Signs of Abuse, Neglect, and/or Malpractice

Pay attention to warning signs and red flags. Unexplained bruises or falls, sudden changes in mood, behavior, or hygiene, rapid weight loss, dehydration, repeated infections or hospitalizations, bedsores, frequent falls, long delays in medical treatment, or staff who refuse to answer questions clearly are often present before the full extent of harm is known. Facilities that are constantly understaffed, have high staff turnover, and otherwise appear disorganized are more likely to have underlying neglect or malpractice issues.

Have Questions or Concerns? We’re Here To Help

Establishing whether a case is abuse, neglect, or malpractice can be overwhelming. No one expects you to untangle these legal issues, especially if you are grieving, worried, or trying to take care of your loved one. The first step is recognizing that something preventable happened and understanding that your loved one did not deserve the treatment received. The next step is to seek help and learn more. You are not alone in this journey. 

If a family member was hurt or mistreated while in someone else’s care, it is okay to ask questions and demand accountability. You do not have to know which legal category may fit your situation. You only need to know that something happened and that it should not be ignored. Contact our office today to discuss.