Hospital negligence occurs when a hospital withholds treatment to a patient. Hospital negligence should not be confused with medical malpractice. The different between the two, generally speaking, is that hospital negligence means that hospital staff must have been in a position to offer treatment, but withheld it for reasons that were not the patient's fault. On the other hand, medical malpractice means that a patient received treatment but that it was either administer improperly or was the wrong treatment all together. Most times if it can't be discerned what is actually wrong with a patient, the hospital staff makes a judgment call in the patients best interest. In this situation it is rare that it can be considered hospital negligence. It should be noted that hospital staff have every right to protect themselves, and if denying treatment is the only way to do that, they cannot be found negligent.