ASCP (American Society for Clinical Pathology) Phlebotomy Technician Certification Practice Exam

The legal term associated with improper or unskillful care of a patient by a member of the health care team is malpractice. This term specifically refers to a breach of duty by a professional, which results in harm to a patient. In a healthcare context, it generally involves a lack of the standard of care expected in the field, meaning the care provided does not meet the accepted practices or guidelines. When a healthcare professional, such as a physician or phlebotomist, deviates from these standards, it can lead to serious consequences for the patient and legal responsibility for the practitioner.

Negligence is a broader term that refers to carelessness or failure to take reasonable precautions, which may not necessarily involve a professional's standards. Assault and battery, on the other hand, pertain to intentional actions—assault involves a threat of harm, while battery involves actual physical contact or harm. Therefore, while negligence and other legal concepts are relevant in healthcare, malpractice specifically addresses the professional standard of care and its breach.