What is the legal term for failure to provide the expected standard of care?

Negligence refers to the legal concept that arises when an individual fails to provide the expected standard of care that a reasonably prudent person would provide in similar circumstances. In the context of healthcare, this means that if a Certified Nursing Assistant (CNA) does not meet the expected level of care—whether through inattention, oversight, or inadequate skill—they may be found liable for negligence if harm results.

Negligence emphasizes the element of carelessness or lack of action that leads to harm, which is crucial in evaluating legal cases involving CNAs and other healthcare professionals. It focuses on what a reasonable person would have done differently under similar conditions, establishing expectations for care that, when not met, can lead to legal consequences. This contrasts with terms like assault and battery, which involve intentional acts, and malpractice, which is a specific type of negligence that pertains strictly to professionals failing to meet their duty of care, often defined by their specialized training and standards.