An act of negligence by a professional during the course of rendering professional services, usually referring to subpar services provided by a doctor, lawyer, accountant or other professional. Malpractice occurs when the professional does not provide the quality of care that is to reasonably be expected of a competent professional under the circumstances and the result of such substandard care is that the client or patient is injured. Medical malpractice is a very active malpractice field. Standard claims allege that a doctor misdiagnosed a patient or negligently performed a medical procedure and it resulted in a substantial harm to the patient.
Law Dictionary – Alternative Legal Definition
As applied to physicians and surgeons, this term means, generally, professional misconduct towards a patient which is considered reprehensible either because immoral in itself or because contrary to law or expressly forbidden by law. In a more specific sense, it means bad, wrong, or injudicious treatment of a patient, professionally and in respect to the particular disease or injury, resulting in injury, unnecessary suffering, or death to the patient, and proceeding from ignorance, carelessness, want of proper professional skill, disregard of established rules or principles, neglect, or “a malicious or criminal intent. See Rodgers v. Kline, 56 Miss. 816, 31 Am. Rep. 389; Tucker v. Gillette, 22 Ohio Cir. Ct. R. 669; Abbott v. Mayfleld, 8 Kan. App. 387, 56 Pac. 327; Hibbard v. Thompson, 109 Mass. 288. The term is occasionally applied to lawyers, and then means generally any evil practice in a professional capacity, but rather with reference to the court and its practice and process than to the client.
Law Dictionary – Alternative Legal Definition
As applied to physicians and surgeons, this term means, generally, professional misconduct towards a patient which is considered reprehensible either because immoral in itself or because contrary to law or expressly forbidden by law. In a more specific sense, it means bad, wrong, or injudicious treatment of a patient, professionally and in respect to the particular disease or injury, resulting in injury, unnecessary suffering, or death to the patient, and proceeding from ignorance, carelessness, want of proper professional skill, disregard of established rules or principles, neglect, or “a malicious or criminal intent. The term is occasionally applied to lawyers, and then means generally any evil practice in a professional capacity, but rather with reference to the court and its practice and process than to the client.