How do negligence and malpractice differ in a clinical context?

• A. Negligence is a failure to exercise reasonable care; malpractice is professional negligence by a licensed clinician that results in harm
• B. Negligence and malpractice are the same concept
• C. Malpractice is non-professional negligence, not related to a licensed clinician
• D. Negligence always involves criminal charges

Answer: (A)

Negligence means failing to meet the reasonable standard of care. In healthcare, that standard is what a similarly qualified clinician would do in similar circumstances. When a licensed clinician’s failure to meet that standard leads to patient harm, it’s considered malpractice—a professional form of negligence tied to care provided by a professional. The idea hinges on a valid patient–clinician relationship, a breach of the applicable standard of care, a link showing that harm followed from that breach, and resulting damages. This makes malpractice the professional, context-specific version of negligence, not a completely separate concept. It isn’t about non-professionals, and it doesn’t automatically involve criminal charges; most malpractice claims are civil, seeking damages, though extreme cases can raise criminal issues separately.