malpractice

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malpractice

 [mal″prak´tis]
any professional misconduct, unreasonable lack of skill or fidelity in professional duties, or illegal or immoral conduct. Malpractice is one form of negligence, which in legal terms can be defined as the omission to do something that a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something that a reasonable and prudent person would not do. In medical practice, nursing practice, and allied health professions malpractice means bad, wrong, or injudicious treatment of a patient professionally; it results in injury, unnecessary suffering, or death to the patient. The court may hold that malpractice has occurred even though the practitioner acted in good faith. Malpractice and negligence may occur through omission of a necessary act as well as commission of an unwise or negligent act.

mal·prac·tice

(mal-prak'tis), Avoid the mispronunciation mal'practice.
Mistreatment of a patient through ignorance, carelessness, neglect, or criminal intent.

malpractice

/mal·prac·tice/ (mal-prak´tis) improper or injurious practice; unskillful and faulty medical or surgical treatment.

malpractice

(măl-prăk′tĭs)
n.
1. Performance, as by a physician or lawyer, that falls below the professional minimum standard of care or service for a patient or client, especially when legally actionable because an injury or loss has been suffered by the patient or client.
2. An instance of such performance.

mal′prac·ti′tion·er (-tĭsh′ə-nər) n.

malpractice

[malprak′tis]
Etymology: L, malus + Gk, praktikos, practical
(in law) professional negligence that is the proximate cause of injury or harm to a patient, resulting from a lack of professional knowledge, experience, or skill that can reasonably be expected in others in the profession in similar circumstances or from a failure to exercise reasonable care or judgment in the application of professional knowledge, experience, or skill. The four necessary elements of negligence essential to maintain a medical malpractice claim are duty, breach of duty, damages/injury, and causal connection between the breach and the injury.

malpractice

Failure—or alleged failure—to provide professional services with the skill usually exhibited by responsible and careful members of a profession, resulting in injury, loss or damage to the party contracting those services; misconduct or unreasonable lack of skill in the performance of an act by a professional.

malpractice

Modern medicine Failure to provide professional services with the skill usually exhibited by responsible and careful members of a profession, resulting in injury, loss, or damage to the party contracting those services; misconduct or unreasonable lack of skill in the performance of an act by a professional. See Chiropractic malpractice, Medical malpractice.

mal·prac·tice

(mal-prak'tis)
Mistreatment of a patient through ignorance, carelessness, neglect, or criminal intent.

malpractice

Professional misconduct including professional negligence. Medical malpractice includes the failure to provide proper standards of medical care, engaging recklessly in dangerous treatments, abusing professional privileges in any way, giving fraudulent certificates, procuring illegal abortions, using medical status to exert improper influence such as establishing sexual relationships with patients, betraying professional confidences, engaging in improper self-promotion and disparaging colleagues. Doctors behaving in any of these ways may be brought before the Professional Conduct Committee of the General Medical Council and, the allegations being proved, may have their names erased from the Medical Register so that they may no longer legally practise. Some forms of malpractice are also criminal offences for which a doctor may also have to answer in law.

mal·prac·tice

(mal-prak'tis)
Mistreatment of a patient through ignorance, carelessness, neglect, or criminal intent.

malpractice,

n in medicine and dentistry, a professional person's act or failure to act that was the proximate cause of an injury to a patient and that was below the standard of care required.

malpractice

in human medical practice, malpractice means bad, wrong or injudicious treatment of a patient professionally; it results in injury, unnecessary suffering or death of the patient. The court may hold that malpractice has occurred even though the physician acted in good faith. Also, malpractice may occur through omission to act as well as commission of an unwise or negligent act.
In veterinary practice, a client may proceed against a veterinarian if loss has been incurred and damages are sought. Malpractice suits are much more common in American law than in English law, where negligence suits are more usual. Misconduct charges are usually brought by the professional registering body, whose objective it is to preserve the reputation of the profession against the excesses of nonconformists and incompetents.
References in periodicals archive ?
To prevail in a professional malpractice action, the plaintiff must prove the professional failed to possess and apply the knowledge, skill, and ability that a reasonably careful professional in the field would exercise under the circumstances, causing harm to the plaintiff (Polelle, 1999, p.
News' list of Best Law Firms in the field of Professional Malpractice Law -- Plaintiffs.
White III, of Richman, Greer, Weil, Brumbaugh, Mirabito & Christensen, in West Palm Beach, his practice is primarily devoted to commercial and complex business litigation, personal injury, wrongful death, professional malpractice litigation, class actions, and officer and director representation.
While most professional malpractice policies will provide a defense and indemnity for such claims, the design professional's premature attempts at remediation will simply result in potential claims and lengthy litigation.
Branson is honored in the 2016 edition based on his expertise in Personal Injury Litigation, Product Liability Litigation, Commercial Litigation, Professional Malpractice Law and Medical Malpractice Law.
Corso, Professional Malpractice Law and Personal Injury Defense, Fort Myers
allegedly committed professional malpractice because the accounting firm failed on several counts to detect fraudulent activity in an investment account held by New London.
Guldalian joined the Tampa office and concentrates on professional malpractice, liability and insurance coverage matters.
The court concluded that the renewed complaint was not one sounding in medical or professional malpractice.
He prosecutes and defends complex claims for breach of contract, negligence, fraud, professional malpractice, defamation, director and officer liability, environmental liability and civil rights liability under 42 U.
The attorneys of LTPC regularly handle "bet the company" lawsuits in cases involving contract disputes, financial fraud, intellectual property and trade secrets, accounting and other professional malpractice, insurance matters, covenants not to compete, class actions and many other matters, including a full appellate practice.
We represent business and individual clients in the areas of Civil and Commercial Litigation, Real Estate, Employment & Labor, Government Liability, Education, Family Relations, Estate Planning & Probate, Wills, Trusts, Personal Injury, Product Liability, Professional Malpractice, Criminal Defense, Indian Law, Immigration, and Construction.

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