Malpractice vs. Negligence: What’s the Difference in NY?

Negligence is a failure to act with reasonable care that causes harm — it applies to anyone. Malpractice is a specific form of negligence committed by a licensed professional (doctor, lawyer, accountant) who fails to meet the standard of care in their field. In New York, both give rise to civil liability, but malpractice claims carry additional procedural requirements.

Yes. General negligence claims in New York are governed by a three-year statute of limitations under CPLR §214. Medical malpractice claims have a shorter window — 2.5 years from the act of malpractice or the end of continuous treatment under CPLR §214-a. Missing this deadline typically bars your claim permanently.

Under CPLR §3012-a, a plaintiff filing a medical malpractice lawsuit in New York must attach a certificate of merit — or file one within 90 days — stating that an attorney has consulted a medical professional and believes the claim is meritorious. This requirement does not apply to general negligence claims and is unique to medical malpractice cases.

Yes. If a licensed professional — such as a hospital employee or physician — acts carelessly in a context unrelated to their professional duties, the claim may sound in ordinary negligence rather than malpractice. New York courts look at whether the claim requires evaluating professional standards of care; if it does, it is malpractice, and the stricter rules apply.