A patient with major depression that is resistant to treatment with selective serotonin receptor inhibitors and therapy is tapered off of his existing antidepressant medications and subsequently given a monoamine oxidase inhibitor by a physician who has been treating him for 3 years. The patient develops the serotonin syndrome, which results in her death. Considering the defining characteristics of malpractice, which of the following best describes the actions of the physician?
(A) Not malpractice because no harm was caused directly from the treatment
(B) Not malpractice because the patient was not harmed at all by this physician
© Not malpractice because the physician did not neglect her duties
(D) Not malpractice because the physician had no obligation to treat this patient
(E) This is an instance of malpractice