Malpractice
| Part of the common law series |
| Tort law |
|---|
| Intentional torts |
| Property torts |
| Defenses |
| Negligence |
| Liability torts |
| Nuisance |
| Dignitary torts |
| Economic torts |
| Liability and remedies |
| Duty to visitors |
| Other common law areas |
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.[3]
- architects: an architect or construction professional may be accused of professional negligence for failing to meet professional standards in the design and construction of buildings and structures.[3]
Proof of malpractice[edit]
Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice.[4] For example, in order to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.[5]
Typically, to succeed in a malpractice action the person making a malpractice claim must prove both that the professional committed an act of culpable negligence and that the person suffered injury as a result of the professional's error.[6]
Medical malpractice[edit]
Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions.[7]
In Australia, medical malpractice and the rise in incidences of claims against individual and institutional providers has led to the evolution of patient advocates.[8]
Notes[edit]
- ^ a b Malpractice definition, Garner, Bryan A. (2009). Black's Law Dictionary (9 ed.). West. ISBN 0314199497. Retrieved 7 December 2017.
- ^ "Malpractice". Merriam-Webster.com. Merriam-Webster, Inc. Retrieved 7 December 2017.
- ^ a b Larson, Aaron (14 October 2017). "What is Malpractice". ExpertLaw. Retrieved 7 December 2017.
- ^ Jacobs, Douglas (1992). Suicide and Clinical Practice. American Psychiatric Association Publishing. p. 148. ISBN 0880484551. Retrieved 7 December 2017.
- ^ Bresnahan, Pamela A. (September 1999). "Beware the Cocktail Party Client" (PDF). American Bar Association. Retrieved 7 December 2017.
- ^ 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.
- ^ 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.
- ^ Kamaker, Dorothy (September 26, 2015). "Patient advocacy services ensure optimum health outcomes". smh.com.au. The Sydney Morning Herald. Retrieved August 23, 2016.
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