What is the legal term for the failure to act according to established standards of care?

The correct answer is negligence. This term is used in legal contexts to refer to a situation in which an individual or entity fails to act with the level of care that is expected under the circumstances, leading to harm or injury to another person. In healthcare, negligence occurs when a healthcare provider does not meet the established standards of care, which can result in damages to the patient.

Negligence requires proof that the provider owed a duty to the patient, breached that duty by failing to meet the standard of care, and that this breach caused a specific injury that the patient experienced. This concept is crucial in medical law because it underpins many cases of liability against healthcare professionals, demonstrating their responsibility to maintain high standards of patient care.

The other terms mentioned do not cover this specific failure to act in accordance with established standards of care. Assault relates to intentional harm or the threat thereof, while nuisance addresses issues that interfere with the enjoyment of property. Malpractice is often used interchangeably with negligence in a medical context; however, it typically refers to negligence specifically by a professional, particularly in a medical setting, and the basis for legal action may be framed as negligence rather than malpractice in a broader sense.