What distinguishes malpractice from general negligence?

Malpractice is distinguished from general negligence by its specific application in the context of professional actions, particularly in healthcare. When referring to malpractice, it is essential to understand that it pertains to a failure by a professional, such as healthcare providers, to perform their duties competently, which directly results in harm to the patient.

This concept of unskilled actions or a breach of the standard of care expected in the healthcare field outlines how malpractice goes beyond merely negligent behavior; it emphasizes the level of skill and judgment that is required in professional practice. In essence, it relates to the professional's obligation to provide an acceptable standard of care, and failing to do so due to lack of skill or improper conduct constitutes malpractice.

General negligence, by contrast, can occur in any context and does not require a special relationship or professional standard to be violated. Therefore, understanding that malpractice involves specific unskilled actions by professionals underlines the distinction between these two legal concepts. The focus on the healthcare context is crucial, as it sets the standard against which practitioners are held accountable.