Final answer:
Negligence by a phlebotomist causing injury to a patient through improper care is considered malpractice. It differs from assault or battery and requires a breach of the established standard of care.
Step-by-step explanation:
When a phlebotomist is negligent in the care of a patient, causing an injury such as severing a blood vessel, which leads to blood and blood components like erythrocytes and white blood cells leaking out, this is considered to be malpractice. This professional failing occurs when a healthcare provider, like a phlebotomist, does not meet the established standard of care and causes harm as a result. It’s important to note that malpractice is different from battery or assault, which involve unauthorized touching or an intent to cause fear or harm, respectively, and from a breach of duty, which is an element that must be proven in a malpractice case but on its own does not imply actual injury.