In Georgia, “medical malpractice” and “medical negligence” are closely related terms, but they are not always used interchangeably. Medical negligence refers to a healthcare provider’s failure to meet the accepted standard of care—such as making a preventable error in diagnosis, treatment, or aftercare. Medical malpractice is the legal cause of action that arises when that negligence results in harm to a patient. In other words, all malpractice involves negligence, but not all negligence necessarily results in a valid malpractice claim. Under Georgia law, both fall under the same statutory rules and are governed by O.C.G.A. § 9-11-9.1, which requires a plaintiff to file an expert affidavit with the complaint. This affidavit must outline at least one act of negligence committed by the defendant and confirm that it deviated from the applicable medical standard of care. Whether the term used is “malpractice” or “negligence,” the legal elements you must prove—duty, breach, causation, and damages—remain the same. Courts focus on the conduct and the harm, not just the terminology. What matters most is how the failure is framed and supported by expert testimony. Georgia treats both under the broader umbrella of professional liability for licensed healthcare providers, meaning they are both subject to pre-suit procedures, expert requirements, and limitations on damages. While the distinction might be nuanced in conversation, legally, your claim’s strength depends on facts, expert analysis, and a clear link between the provider’s actions and the injury. Your path to justice lies in how those elements are built, not just the label you use., In a civil case filed against a doctor, do medical malpractice and medical negligence fall under the same rule of safety code? I'm seeking legal clarification on the meanings and distinctions between these two terms., A: There may be a good medical malpractice case. An experienced medical malpractice attorney will want to review the death certificate and medical records, and, potentially consult with an expert medical doctor to determine any breach of medical standard of care, which is required to prove a case. Consult with experienced malpractice attorneys in the state where this occurred..