The difference between malpractice and negligence is the same as the difference between void and voidable contracts. Void contracts are those contracts which do not have legal grounds to be implemented. Void contracts are perceived as intentional. For example a major person makes a sale deed of a vehicle with a minor person and executes the deal. That transaction is void. It is because a minor person is below the authorized age of maturity to take decisions independently. Most likely is that the major who made that deal intentionally sold that vehicle to the minor person as the minor person was just impressed by the looks of the car. He does not know about technical aspects of the car. That deal can be declared void, if someone on the behalf of the minor challenge that deal in the court. The action that a major person did in that deal is malpractice. That is in other words, doing some work wrong intentionally.


Negligence can be understood from the voidable contract. These types of contracts are those which are not according to the law. But these can be returned back to the legal way. There is a possibility that those can be returned back to the legal corridor because there is a mistake in the agreement which is cleared now. For example if a person makes an agreement in the accordance with law but there is one clause which is not according to law. Like in an agreement of selling a car, the seller does not see the actual mileage of the car while writing it in the agreement. And that what he writes does not match with the actual mileage when the buyer checks so that statement would be making the contract voidable. That means the buyer can come out of the contract and ask the court to make the contract void and get back his amount that he has paid to the seller. That is the actual meaning of voidable contract. But if the buyer agrees to amend that clause to make it correct that is then agreement would be legal and binding upon both parties. The mistake that the seller made while writing is called negligence. Base element in negligence is unintentional action of the person.


Also Read: WHY MEDICAL NEGLIGENCE IS A COMPLEX AREA OF LAW?

Above mentioned narrative about malpractice and negligence shows the fundamental difference. That difference is of intentional act and unintentional act. For latter law has the capacity to review it and rectify if the affected party accepts the amendment. In the case of the former there is no acceptance present in the law. Only option is to nullify the contract to finish it. Medical negligence lawyers are hired for such cases. It is possible that in the case of malpractice people are fined and there can be imprisonment for a short period of time. That fine and imprisonment completely depends upon the amount and the action involved in malpractice. Or in other words in the case of void contracts. For negligence there is a softer tone that law uses to give chance to the people who do wrong by mistake.