Distinguish between negligence and malpractice in the context of CRNA practice.

• A. Negligence is a failure to exercise reasonable care; malpractice is professional negligence, a breach of the standard of care by a healthcare professional.
• B. They are the same concept.
• C. Malpractice applies to physicians only; negligence to nurses.
• D. Negligence requires intent to harm.

Answer: (A)

Negligence means failing to exercise reasonable care—the sort of care a reasonably prudent person would provide in similar circumstances. In healthcare, that translates to a deviation from the standard of care that a competent professional would meet. Malpractice is a specific kind of negligence: professional negligence where a healthcare professional breaches the standard of care that their profession requires.

In CRNA practice, the standard of care is defined by what a reasonably competent nurse anesthetist would do in similar situations, considering training, guidelines, and applicable policies. Proving malpractice usually involves four elements: there was a duty to the patient, the standard of care was breached, the breach caused harm, and damages resulted. Expert testimony often helps establish what the standard of care is and whether it was violated.

Intent to harm is not required for either concept; errors can lead to liability without any intent to cause harm. The other statements mischaracterize the relationship: malpractice is not limited to physicians, and negligence and malpractice are not the same thing, nor does negligence require an intent to injure.