How is 'malpractice' distinguished from 'negligence'?

Malpractice is distinguished from negligence primarily by the context in which it occurs, specifically highlighting the professional standards applicable to those in a particular field. The correct answer emphasizes that malpractice involves a breach of duty by professionals who are expected to adhere to certain standards of care in their practice. This means that when healthcare providers, attorneys, or other professionals fail to provide the level of service that is reasonably expected within their field and this failure results in harm, it is categorized as malpractice.

In contrast, negligence can refer to a broader range of situations where a person fails to take reasonable precautions or actions that lead to harm, regardless of professional status. Therefore, while all malpractice cases can be considered a type of negligence, not all negligence cases will fall under the category of malpractice, since they may not involve professionals who owe a specific duty of care that is recognized in their respective fields. This distinction is critical in legal terms, as it defines the parameters for accountability and the standards against which professionals are judged.