Last Updated on June 25, 2026 by Patrick A. Salvi II
Medical misconduct and medical negligence may sound similar, but the terms describe different improper actions on the part of a healthcare professional. Misconduct generally consists of deliberately unethical behavior, from fraudulent billing to sexual assault. Medical negligence, on the other hand, describes mistakes or errors in care that put a patient’s well-being at risk. While both could give rise to a claim against the professional, those claims make different allegations and proceed differently as a result. An experienced Chicago medical malpractice lawyer from Salvi, Schostok & Pritchard P.C. can review your case and legal options during a free consultation.
Legal Differences Between Medical Misconduct and Medical Negligence
Although often used interchangeably, medical misconduct and medical negligence involve different circumstances and legal implications.
Misconduct refers to a healthcare professional’s violation of their ethical duties to a patient, their profession, or society generally. Examples include:
- Abandoning a patient undergoing treatment
- Molesting or sexually assaulting a patient
- Abusing alcohol or drugs, particularly when on the job
- Engaging in deceptive or fraudulent billing practices
If you were harmed due to such actions, an attorney for nursing misconduct cases can help you navigate your legal options. A nurse misconduct lawyer can determine whether a healthcare provider violated professional standards or acted intentionally in causing patient harm.
Most allegations of misconduct are investigated by the Illinois Division of Professional Regulation, although when the misconduct physically harms a patient, the patient can pursue an injury claim against the medical provider. A medical misconduct attorney is instrumental in pursuing fair compensation on your behalf, regardless of how the medical provider’s professional licensure case is handled.
Negligence, on the other hand, occurs when a healthcare provider fails to provide the patient with the same level of care that a reasonably careful medical professional would provide under similar circumstances. When that carelessness happens in a professional context, such as a healthcare worker’s obligations to their patient, it is called malpractice. A patient who suffers harm due to a healthcare provider’s deviation from the standard of care can pursue a malpractice claim against that provider.
Defining the “Medical Standard of Care” in Illinois
The medical standard of care in Illinois is a critical concept in a medical malpractice lawsuit. It describes the type of treatment that a similarly trained and experienced medical professional would provide to a patient under a given set of circumstances. Malpractice is defined as a deviation from this standard of care that results in harm to the patient.
More specifically, Illinois law refers to this concept as the “generally accepted standards of care,” which it defines as the care “generally recognized by health care providers practicing in relevant clinical specialties for the illness, injury, or condition or its symptoms and comorbidities.”
Here are a few examples of the medical standard of care in action:
- A physician promptly evaluates a patient who reports stroke symptoms and orders appropriate diagnostic tests to determine the cause.
- A surgeon obtains informed consent before operating, then follows accepted surgical techniques and monitors the patient for postoperative complications.
- A primary care provider follows up on abnormal test results and refers the patient to a specialist when further evaluation is medically necessary.
Common Examples of Medical Negligence in Chicago Hospitals
Here are some common examples of medical errors in a hospital setting that can give rise to Chicago negligence cases:
- Misdiagnosing or failing to diagnose a serious condition, such as cancer, stroke, or heart attack
- Delaying treatment for a medical emergency, resulting in a worsened condition or preventable complications
- Committing errors during surgery, such as operating on the wrong site, damaging nearby organs, or leaving surgical instruments inside a patient
- Committing prescription-related mistakes, such as prescribing the wrong drug, administering an incorrect dosage, or failing to identify dangerous drug interactions
If you or a loved one were harmed under similar circumstances, reach out to an experienced medical malpractice attorney from our law firm to learn more about your legal rights.
Consult a Chicago Medical Malpractice Attorney Today
If you suspect you’ve been the victim of healthcare provider negligence or misconduct, contact Salvi, Schostok & Pritchard P.C. today for a free consultation. We have extensive experience handling medical malpractice and medical misconduct cases, and our team is ready to help you. We can review your potential case and explain how we can pursue the compensation you may be owed.
