In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence…barrettlaw.com, Is it medical malpractice or ordinary negligence?
Whether a claim is one for medical malpractice or ordinary negligence can also affect whether the claims is covered by a healthcare provider’s professional negligence or general liability insurance policy.
While the general rule in the insurance context is that the insurance company controls the defense of a claim and can make the decision to pay a settlement without the insured’s permission, professional negligence policies often contain a provision that requires, in at least some cases, the insured’s permission to settle a claims.
Medical malpractice lawyers understand the importance of this question, which is why the issue is often litigated through the time-consuming process of an appeal in closed cases.