malpractice – negligence or incompetence on the part of a professional (i.e. by an attorney or physician)

     This page is continued from Civil Law Self-Help >>>> Section 1; Torts, Breach of Contract, and Assessing Liability >>>> Torts >>>> Basic Classifications of Torts >>>> Negligent Tort >>>> Negligence:

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malpractice:
(17c)

1, An instance of negligence or incompetence on the part of a professional.  *  To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages. — aka professional negligence. [1]

1. The violation of a professional duty to act with reasonable care and in good faith without fraud or collusion, as in the case of a public an countant, 1 Am 12d Accts § 15, or a beautician. Ocean Acci. & Guarantee Corp. v Herzberg’s Inc. (CA8 Neb) 100 F2d 171. [2]

1. The failure of a professional person to act with reasonable care; misconduct by  a professional person in the course of engaging in his profession. [3]

Various Types of Malpractice:

legal malpractice (1875) 1. A lawyer’s failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances. — aka attorney malpractice. [1]  1. [Malpractice] by an attorney at law: — the failure to exercise on behalf of his client the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession, whereby an actual loss is caused the client. 7 Am J2d Attys §§ 167 et seq. [2]  1. An attorney’s failure to exercise on behalf of his client the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession.  Like medical malpractice, legal malpractice is a tort if it results in injury. [3]

medical malpractice (1834) 1. A doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. — Often shortened to med. mal. [1]

1. [Malpractice] by physician or surgeon. — the wrong, for which a physician or surgeon is answerable to his patient where it results 1n injury to the patient, consisting in the want of that reasonable degree of learning, skill, and experience which ordinarily is possessed by others of his profession, the omission to exercise reasonable care and diligence in the exertion of his skill and the application of his knowledge, or his failure to exert his best judgment in the case entrusted to him. 41 Am J1st Phys & S §§ 79, 82.

A cause of action predicated by law on the relation which exists between physician and patient, although supported by some cases on the theory of liability under a contract implied by law. 41 Am J1st Phys & S § 79. [2]

1. A physician’s negligent failure to observe the appropriate standard of care in providing services to a patient; also, misconduct while engaging in the practice of medicine.  Like legal malpractice, medical malpractice is a tort if it causes injury. [3]

malpractice insurance 1. See INSURANCE. [1]  2. See physician’s liability insurance. [2]  3. A type of liability insurance that protects professional persons (EXAMPLES: attorneys; physicians; psychotherapists) from liability for negligence and other forms of malpractice. — aka professional liability insurance. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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