Final answer:
Malpractice and negligence are part of civil law, focusing on personal harm or injury rather than criminal actions. These cases often entail examining adherence to protocols, equipment use, and potential system flaws, guided by the principle of nonmaleficence in healthcare.
Step-by-step explanation:
Malpractice and negligence fall under the umbrella of civil law, which is the area of law dealing with disputes between private parties where one alleges harm by the other. Unlike criminal law, which involves government-imposed rules and punishments for actions that could harm or endanger others, civil law cases typically seek remedies for personal injury or damage rather than criminal sanctions.
Negligence refers to the failure to take reasonable care to avoid causing injury or loss to another person, and malpractice is a form of negligence that occurs in a professional context, such as by medical professionals. Questions regarding liability in such cases revolve around adherence to protocols, the use and maintenance of medical equipment, and the potential flaws within these systems. Determining liability often involves assessing whether harm was preventable and whether established procedures were followed.
The principle of nonmaleficence, which requires that actions do not cause harm to others, is especially relevant in healthcare settings. This principle guides medical professionals to limit harm to patients by only subjecting them to procedures that are necessary for effective treatment.