Fire Technology (FT) 152 Legal Aspects Of Emergency Services Practice Test

Which statement correctly differentiates malpractice from nonfeasance in EMS practice?

Malpractice is a failure to perform a duty when obligated; nonfeasance is negligent performance of duties. Malpractice is the negligent performance of duties; nonfeasance is the failure to perform a duty when obligated. Malpractice and nonfeasance are interchangeable liability concepts. Nonfeasance is the intentional harm caused by neglecting duties.

Correct Answer:

Malpractice is the negligent performance of duties; nonfeasance is the failure to perform a duty when obligated.

Explanation:

The key distinction is that malpractice involves negligent performance of duties, while nonfeasance is the failure to perform a duty when obligated. In EMS, a provider who administers care in a way that falls below the standard of care—doing something poorly or incorrectly—is engaging in malpractice because the care provided was negligent. In contrast, if there is an obligation to act (for example, starting CPR) and the provider simply fails to act, that is nonfeasance, an omission. The other choices mix up action and inaction or imply intent, which is not correct: malpractice is not just a failure to act, and nonfeasance is not intentional harm or negligent performance.

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