In the law of torts, malpractice, or professional negligence, is a type of negligence committed by a professional. Commonly involved professionals include medical providers facing medical malpractice claims when failing to meet the duty of care expected in their medical specialty, lawyers subject to legal malpractice for lack of reasonable skill and diligence, as well as financial professionals like accountants and planners, and architects or engineers held accountable for professional negligence in design or construction. Malpractice claims seek to hold professionals accountable for breaches in the standard of care expected within their field.
Proof of malpractice
Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice.4 For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.5
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.6
Medical malpractice
Main article: Medical malpractice
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 claims against individual and institutional providers have led to the evolution of patient advocates.8
References
Malpractice definition, Garner, Bryan A. (2009). Black's Law Dictionary (9 ed.). West. ISBN 978-0314199492. Retrieved 7 December 2017. 978-0314199492 ↩
"Malpractice". Merriam-Webster.com. Merriam-Webster, Inc. Retrieved 7 December 2017. https://www.merriam-webster.com/dictionary/malpractice ↩
Malpractice definition, Garner, Bryan A. (2009). Black's Law Dictionary (9 ed.). West. ISBN 978-0314199492. Retrieved 7 December 2017. 978-0314199492 ↩
Jacobs, Douglas (1992). Suicide and Clinical Practice. American Psychiatric Association Publishing. p. 148. ISBN 0880484551. Retrieved 7 December 2017. 0880484551 ↩
Bresnahan, Pamela A. (September 1999). "Beware the Cocktail Party Client" (PDF). American Bar Association. Retrieved 7 December 2017. https://apps.americanbar.org/legalservices/lpl/downloads/journalsept99.pdf ↩
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. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513 ↩
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. http://scholarship.law.wm.edu/facpubs/1138/ ↩
Kamaker, Dorothy (September 26, 2015). "Patient advocacy services ensure optimum health outcomes". smh.com.au. The Sydney Morning Herald. Retrieved August 23, 2016. http://www.smh.com.au/business/workplace-relations/patient-advocacy-20150920-gjr53j.html ↩