Malpractice

Definition

Negligent act or omission of a professional.

Purpose

Malpractice addresses the failure of a professional to perform their duties to the required standard of care, resulting in harm or injury to a client or patient. It provides a legal basis for holding professionals accountable for their actions or inactions.

Examples of Use

• Medical malpractice: A doctor failing to diagnose a condition correctly, leading to harm to the patient.
• Legal malpractice: An attorney neglecting to file a case within the statute of limitations, causing a client to lose their legal rights.
• Accounting malpractice: An accountant making significant errors in financial statements, resulting in financial loss for a client.

Related Terms

• Negligence: Failure to take proper care in doing something, resulting in damage or injury to another.
• Duty of Care: A legal obligation to adhere to a standard of reasonable care while performing acts that could foreseeably harm others.
• Tort: A wrongful act or an infringement of a right leading to civil legal liability.

Notes

• Proving malpractice typically requires showing that the professional owed a duty of care, breached that duty, and caused harm as a result.
• Malpractice claims can lead to financial compensation for the injured party and disciplinary actions against the professional.
• Professionals often carry malpractice insurance to protect against the financial consequences of such claims.