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.
Miller-Keane Encyclopedia and Dictionary of Medicine, Nursing, and Allied Health, Seventh Edition. © 2003 by Saunders, an imprint of Elsevier, Inc. All rights reserved.

mal·prac·tice

(mal-prak'tis), Avoid the mispronunciation mal'practice.
Mistreatment of a patient through ignorance, carelessness, neglect, or criminal intent.
Farlex Partner Medical Dictionary © Farlex 2012

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.
The American Heritage® Medical Dictionary Copyright © 2007, 2004 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.

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.
Segen's Medical Dictionary. © 2012 Farlex, Inc. All rights reserved.

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.
McGraw-Hill Concise Dictionary of Modern Medicine. © 2002 by The McGraw-Hill Companies, Inc.

mal·prac·tice

(mal-prak'tis)
Mistreatment of a patient through ignorance, carelessness, neglect, or criminal intent.
Medical Dictionary for the Health Professions and Nursing © Farlex 2012

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.
Collins Dictionary of Medicine © Robert M. Youngson 2004, 2005

mal·prac·tice

(mal-prak'tis)
Mistreatment of a patient through ignorance, carelessness, neglect, or criminal intent.
Medical Dictionary for the Dental Professions © Farlex 2012
References in periodicals archive ?
In my recent legal malpractice trial, the Plaintiff's expert witness suggested that this principle "Don't undertake joint representations, even where the rules would allow it" was part of the legal standard of care.
(17) Legal malpractice litigation demands proof that an attorney has failed to meet this standard.
Thus, if the company sustains a large D&O loss that exhausts the policy in a particular policy year, in-house counsel may be "bare" for legal malpractice claims.
While this Court has not had occasion to enunciate the appropriate standard for bringing legal malpractice lawsuits in the circumstances presented here, the Appellate Division Departments have examined similar circumstances (see Rupert v Gates & Adams, P.C., 83 AD3d 1393 [4th Dept 2011]; Rodriguez v Fredericks, 213 AD2d 176 [1st Dept 1995]).
Attorneys of all levels of experience, and especially the growing number of young attorneys who are hanging their own shingles, will find that Florida Legal Malpractice and Attorney Ethics, serves as an invaluable resource--a proverbial hotline that should be located on every attorney's desk to be consulted for general guidance or whenever a question or gut feeling arises about whether conduct may cross the line into problematic ethical or malpractice territory.
related to lawyers carrying legal malpractice insurance.
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In Dombrowski, a unanimous Court of Appeals held a client could not seek damages for loss of liberty and emotional distress in a criminal legal malpractice action against his attorney.
The 69 year-old Parliament-Funkadelic founder is suing the firm for $10 million for professional negligence, legal malpractice, fraudulent inducement and negligent misrepresentation.
The court did, however, note that its decision was foreshadowed by its previous decisions addressing legal malpractice. The court observed that it had consistently required that a plaintiff claiming legal malpractice prove an attorney-client relationship.
On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts.
If the percentage of complaints upheld is indicative of wider legal malpractice, the repayment package, including additional compensation, will be in excess of pounds 350m.