Which statement best differentiates negligence from malpractice?

• A. Negligence Is the Failure to Provide the Standard of Care; Malpractice Is the Professional Failure to Meet the Standard and Skill
• B. Negligence Requires Intent; Malpractice Does Not
• C. Negligence Is the Same as Malpractice
• D. Malpractice Only Applies to Physicians, Not Nurses

Answer: (A)

The difference being tested centers on how the standard of care is applied and who is responsible for upholding it. Negligence means failing to provide the level of care that a reasonably prudent person would exercise in similar circumstances. It looks at whether a duty to act with reasonable care was breached, and it doesn’t depend on the person’s intent.

Malpractice, by contrast, is the professional version of that idea. It involves a licensed professional who fails to meet the accepted standards of practice and skill expected in their field. This focuses on professional competence and the degree to which a practitioner’s conduct falls short of what the profession requires.

So the statement that negligence is the failure to provide the standard of care while malpractice is the professional failure to meet the standard and skill best captures the distinction: negligence is a general standard-for-care issue, and malpractice adds the element of professional expertise and standards. The other options misstate the relationship—for example, negligence does not require intent, negligence is not the same as malpractice, and malpractice can apply to nurses and other licensed professionals, not just physicians.