What term describes a duty of care that is not upheld, resulting in harm?

The correct term that describes a duty of care that is not upheld, resulting in harm, is malpractice. Malpractice occurs when a professional, such as a doctor or lawyer, fails to meet the accepted standards of their profession, leading to harm or injury to a client or patient. This breach of duty is a critical component in establishing a malpractice claim, as it specifically involves a lack of adequate care or competence which results in negative consequences for the individual affected.

In the context of various professional practices, understanding malpractice is essential, as it underscores the responsibility professionals have towards those they serve. The implications of failing in this duty emphasize the need for adherence to ethical and legal standards in practice. Malpractice is typically associated with professional negligence, making it distinct from other options like assault or fraud, which involve different legal definitions and implications.