Malpractice is defined as which of the following?

• A. Involves: professional misconduct, unreasonable lack of skill, illegal/immoral conduct, other allegations resulting in harm
• B. A civil wrong causing harm
• C. Malpractice is the failure of a professional to render services with the degree of care, diligence and precaution that another member of the same profession under similar circumstances would render to prevent injury
• D. Illegal activities conducted by professionals

Answer: (C)

Malpractice is professional negligence: a provider fails to render care at the level a reasonably competent professional would under similar circumstances, and that failure results in patient harm. The standard of care is defined by what a similarly trained professional would do to prevent injury, and a breach occurs when the care provided falls below that standard. In practice, establishing malpractice usually involves showing four elements: duty to the patient, a breach of that duty, a causal link between the breach and the injury, and actual damages. This distinguishes malpractice from a general civil wrong or illegal activity, because it specifically hinges on the professional’s standard of care and the harm caused by not meeting it. So the definition that describes the failure to render services with the degree of care, diligence, and precaution that another member of the same profession would provide to prevent injury best captures malpractice.