Malpractice

For other uses, see Malpractice (disambiguation).

In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".^[1]

Professionals who may become the subject of malpractice actions include:

• medical professionals: a medical malpractice claim may be brought against a doctor or other healthcare provider who fails to exercise the degree of care and skill that a similarly situated professional of the same medical specialty would provide under the circumstances.^[2]
• lawyers: a legal malpractice claim may be brought against a lawyer who fails to render services with the level of skill, care, and diligence that a reasonable lawyer would apply under similar circumstances.^[1]
• financial professionals: professionals such as accountants, financial planners, and stockbrokers may be subject to claims for professional negligence based upon their failure to meet professional standards when providing services to their clients.
• architects and engineers: a construction professional may be accused of professional negligence for failing to meet professional standards in the design and construction of buildings and structures.

Proof of malpractice

Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice.^[3] For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.^[4]

To succeed in a malpractice action under typical malpractice law, the person making a malpractice claim must prove that the professional committed an act of culpable negligence and that the person suffered an injury due to the professional's error.^[5]

Medical malpractice

Main article: Medical malpractice

Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions.^[6]

In Australia, medical malpractice and the rise in claims against individual and institutional providers have led to the evolution of patient advocates.^[7]

References

1. Malpractice definition, Garner, Bryan A. (2009). Black's Law Dictionary (9 ed.). West. ISBN 978-0314199492. Retrieved 7 December 2017.
2. "Malpractice". Merriam-Webster.com. Merriam-Webster, Inc. Retrieved 7 December 2017.
3. Jacobs, Douglas (1992). Suicide and Clinical Practice. American Psychiatric Association Publishing. p. 148. ISBN 0880484551. Retrieved 7 December 2017.
4. Bresnahan, Pamela A. (September 1999). "Beware the Cocktail Party Client" (PDF). American Bar Association. Retrieved 7 December 2017.
5. See, e.g., Bal, B. Sonny (February 2009). "An Introduction to Medical Malpractice in the United States". Clinical Orthopaedics and Related Research. 467 (2): 339–347. doi:10.1007/s11999-008-0636-2. PMC 2628513. PMID 19034593.
6. Marcus, Paul (1981). "Book Review of Medical Malpractice Law: A Comparative Law Study of Civil Responsibility Arising from Medical Care". Hastings International and Comparative Law Review: 235–243. Retrieved 7 December 2017.
7. Kamaker, Dorothy (September 26, 2015). "Patient advocacy services ensure optimum health outcomes". smh.com.au. The Sydney Morning Herald. Retrieved August 23, 2016.