Malpractice Explained

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

See 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]

Notes and References

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