The text defines negligence as conduct that falls below the standard of care established by law for the protection of others and involves an unreasonable risk of harm to a client. Malpractice is a type of negligence that applies only to professionals, such as licensed nurses. Thus, the key distinction is that malpractice is professional negligence, while negligence is the broader concept.

According to the chapter on ethical and legal issues, negligence is conduct that falls below the legal standard of care for protecting others and creates an unreasonable risk of harm to a client. The text also lists negligence in Box 5-5 as failure to act or conduct below the accepted standard of care that results in injury or loss to the client. Malpractice is described as a specific type of negligence that applies only to professionals, for example licensed nurses. In other words, all malpractice is negligence, but negligence becomes malpractice when the person who failed to meet the standard is a professional acting in a professional capacity.

Key points

Negligence is conduct that falls below the legal standard of care and involves an unreasonable risk of harm to a client.
Malpractice is a type of negligence that applies only to professionals, such as licensed nurses.
The distinction is that malpractice is professional negligence, whereas negligence is the more general category.
Negligence can also be described as failure to act or conduct below the accepted standard of care resulting in injury or loss.

How does the text define malpractice and negligence, and what is the distinction between them?

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