Malpractice

Introduction to Malpractice

Malpractice, a wrongful act by a physician, lawyer, or other professional that injures a patient or client. The patient or client may file a civil lawsuit to recover damages (money) to compensate for the injury.

The professions in which malpractice can occur require specialized training and study, and professionals in these fields must exercise a high degree of judgment in performing tasks generally beyond the skill of laypeople. In addition to law and medicine, these professions include dentistry, accounting, engineering, and architecture. Medical or legal malpractice lawsuits are far more common than those involving other professions.” (1)

Resources

Notes and References

• Information about Malpractice in the Encarta Online Encyclopedia

Guide to Malpractice

Kinds of Torts: Torts Based on Negligence Malpractice

Introduction to Malpractice

A professional who injures a client by providing care that is below the standard for that profession commits the tort of malpractice. The law requires a professional to act based on the skill and knowledge necessary for his or her profession, rather than the typical reasonable and prudent standard applied in general negligence cases. A physician who is not able to cure a patient has not committed malpractice. However, a physician who removes the wrong lung during a surgery has committed malpractice. ” (1)

Resources

Notes and References

• Information about Malpractice in the Encarta Online Encyclopedia

Guide to Malpractice