What is the difference between "malpractice" and "negligence"?

Prepare for the Medical Assistant Law and Ethics Test. Use flashcards and multiple-choice questions, with hints and explanations for each question. Ensure success on your test!

The chosen answer highlights a critical distinction in legal terminology. Negligence refers to a general failure to act with the care that a reasonably prudent person would exercise in similar circumstances. This can apply to everyday situations and encompasses a broad range of careless actions.

On the other hand, malpractice is a more specific form of negligence that pertains particularly to professionals, such as doctors, nurses, lawyers, and others in specialized fields. It occurs when a professional fails to provide the standard of care recognized within their profession, resulting in harm to a client or patient. Thus, while all malpractice cases qualify as negligence, not all negligence cases rise to the level of malpractice; the latter requires a breach of duty related to a professional's expertise.

This distinction is key in understanding legal responsibilities in various contexts, especially for medical practitioners, as it underscores the higher level of care expected when one is licensed to provide professional services.

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