In the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

tort A tort is a civil wrong, other than breach of contract, 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 cri ...

s, malpractice, also known as

professional negligence In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rel ...

, is an "instance of

negligence Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...

or incompetence on the part of a

professional A professional is a member of a profession or any person who work (human activity), works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the partic ...

".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 negligen ...

claim may be brought against a

doctor Doctor, Doctors, The Doctor or The Doctors may refer to: Titles and occupations * Physician, a medical practitioner * Doctor (title), an academic title for the holder of a doctoral-level degree ** Doctorate ** List of doctoral degrees awarded b ...

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 (England) West Midlands, Central Accident Resuscitation Emergency team, a team of doctors & ...

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 (pediatrics), 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 mis ...

claim may be brought against a lawyer who fails to render services with the level of skill, care, and diligence that a

reasonable __NOTOC__ Reasonable may refer to: * Reason, the capacity for rational thinking * Reasonable accommodation, An adjustment made in a system to accommodate an individual's need * Reasonable and non-discriminatory licensing, a licensing requirement ...

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 and engineers: a 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, 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 that the professional committed an act of culpable negligence and that the person suffered an injury due to 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' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

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

References

Tort law {{law-stub