Malpractice Health Article

Definition

Malpractice is defined as improper or negligent practice by a lawyer, physician, or other professional who injures a client or patient. The fields in which a judgment of malpractice can be made are those that require training and skills beyond the level of most people's abilities. Medical malpractice is defined as a wrongful act by a physician, nurse, or other medical professional in the administration of treatment— or at times, the omission of medical treatment, to a patient under his or her care. Although dentists, architects, accountants, and engineers are also liable to malpractice suits, most lawsuits of this type in the United States involve medical malpractice.

Negligence can result from a lack of knowledge or skill, or from failure to exercise reasonable judgment in the application of professional knowledge or skill. Lack or failure is determined by comparing the action in question with what a similar practitioner would reasonably be expected to do in the same circumstances.

In law, malpractice is classified as a tort, which is a wrongful act resulting in injury to another's person, property, or reputation. In a tort, the injured party is entitled to seek compensation for the injury. All torts, including malpractice, have three features:

• a person who has a duty of care toward others
• a failure to exercise due care
• an injury or financial damages caused by the failure