In the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...

s, malpractice, also known as professional negligence, is an "instance of

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as ...

or incompetence on the part of a

professional A professional is a member of a profession or any person who works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the particular knowledge and sk ...

".Malpractice definition, Professionals who may become the subject of malpractice actions include: * medical professionals: a

medical malpractice Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The neglige ...

claim may be brought against a

doctor Doctor or The Doctor may refer to: Personal titles * Doctor (title), the holder of an accredited academic degree * A medical practitioner, including: ** Physician ** Surgeon ** Dentist ** Veterinary physician ** Optometrist *Other roles ** ...

or other healthcare provider who fails to exercise the degree of

care Care may refer to: Organizations and projects * CARE (New Zealand), Citizens Association for Racial Equality, a former New Zealand organisation * CARE (relief agency), "Cooperative for Assistance and Relief Everywhere", an international aid and ...

and skill that a similarly situated professional of the same

medical specialty A medical specialty is a branch of medical practice that is focused on a defined group of patients, diseases, skills, or philosophy. Examples include those branches of medicine that deal exclusively with children (paediatrics), cancer (oncology), ...

would provide under the circumstances. * lawyers: a

legal malpractice Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by a lawyer during the provision of legal services that causes harm to a client. Examples A common example of legal malpractice involves the lawyer's m ...

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. * 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. * 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. * 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.

Proof of malpractice

Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice. 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. 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.

Medical malpractice

Medical malpractice is a highly complex area of law, with laws that differ significantly between

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

s. In Australia, medical malpractice and the rise in incidences of claims against individual and institutional providers has led to the evolution of patient advocates.

References

Tort law {{law-stub