In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".[1]
Professionals who may become the subject of malpractice actions include:
- medical professionals: a medical malpractice claim may be brought against a doctor or other healthcare provider who fails to exercise the degree of care and skill that a similarly situated professional of the same medical specialty would provide under the circumstances.[2]
- lawyers: a legal malpractice claim may be brought against a lawyer who fails to render services with the level of skill, care and diligence that a reasonable lawyer would apply under similar circumstances.[1]
- financial professionals: professionals such as accountants, financial planners and stockbrokers, may be subject to claims for professional negligence based upon their failure to meet professional standards when providing services to their clients.[3]
- architects: an architect or construction professional may be accused of professional negligence for failing to meet professional standards in the design and construction of buildings and structures.[3]
- engineers: an engineer or construction professional may be accused of professional negligence for failing to meet professional standards in the design and construction of buildings and structures.[3]
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, in order 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 both that the professional committed an act of culpable negligence and that the person suffered injury as a result of the professional's error.[6]
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 incidences of claims against individual and institutional providers has led to the evolution of patient advocates.[8]
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