Occupational Safety and Health Administration (OSHA) SLC Practice Exam

What constitutes medical malpractice?

1. An accident during a medical procedure

2. A breach of duty of care by a medical professional

3. Miscommunication between healthcare providers

4. Falling below common medical practices

The correct answer is: A breach of duty of care by a medical professional

Medical malpractice occurs when a medical professional breaches their duty of care to a patient, resulting in harm or injury. This concept is fundamentally based on the relationship and responsibility that healthcare providers have toward their patients to provide competent and appropriate care. A breach of duty means that the medical professional failed to meet the standard of care expected in their field, which can include errors in diagnosis, treatment, aftercare, or health management. By establishing that a healthcare provider did not act as another competent professional would have under similar circumstances, it highlights the responsibility that practitioners have to adhere to accepted medical standards. This breach can lead to legal ramifications when a patient experiences harm due to this failure. Contexts such as accidents during medical procedures or miscommunication between healthcare providers can be serious issues but do not necessarily equate to malpractice unless they can be directly linked to a breach of duty. Similarly, while falling below common medical practices often indicates a breach of the standard of care, it is the specific failure to uphold the duty owed to the patient that directly ties to the concept of malpractice. Thus, the essence of medical malpractice is encapsulated in the notion of a breach of duty of care by a medical professional.