What defines malpractice in a professional context?

Malpractice in a professional context is fundamentally defined as professional negligence or bad practice. This occurs when a healthcare professional fails to provide the standard of care expected in their field, leading to harm or injury to a patient. The essence of malpractice involves a breach of duty, where the professional's actions fall short of the accepted standards of care, which can include errors in judgment or failure to act.

In contrast, while failing to follow regulations and using outdated practices can contribute to situations where malpractice might occur, they are not inherently defining elements of malpractice themselves. Similarly, incompetence in skills is a related issue but does not directly encapsulate the full scope of malpractice, which includes the necessary legal components of duty, breach, causation, and damages. Therefore, the correct identification of malpractice as professional negligence or bad practice highlights the legal and ethical responsibilities of healthcare providers toward their patients.