{"id":15308,"date":"2018-03-08T18:54:54","date_gmt":"2018-03-08T18:54:54","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=15308"},"modified":"2018-03-08T19:20:05","modified_gmt":"2018-03-08T19:20:05","slug":"malpractice","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=15308","title":{"rendered":"malpractice – negligence or incompetence on the part of a professional (i.e. by an attorney or physician)"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Section 1; <\/a>Torts, Breach of Contract, and Assessing Liability<\/em><\/a> >>>> Torts<\/a> >>>> Basic Classifications of Torts<\/a> >>>> Negligent Tort<\/a> >>>> Negligence<\/a>:<\/span>
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malpractice<\/span>:<\/strong><\/span>
\n(17c)<\/span><\/p>\n

1, An instance of negligence or incompetence on the part of a professional.\u00a0 *\u00a0 To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages.<\/strong> \u2014 aka professional negligence<\/span><\/strong><\/em>. [1]
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1. The violation of a professional duty to act with reasonable care and in good faith without fraud<\/a> or collusion, as in the case of a public an countant, 1 Am 12d Accts \u00a7 15, or a beautician. Ocean Acci. & Guarantee Corp. v Herzberg\u2019s Inc.<\/em> (CA8 Neb) 100 F2d 171<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The failure of a professional person to act with reasonable care; misconduct by\u00a0 a professional person in the course of engaging in his profession.<\/strong> [3]<\/span>
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Various Types of Malpractice:<\/span><\/strong><\/p>\n

legal malpractice<\/span> –<\/strong> (1875) 1.<\/strong> A lawyer\u2019s failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.<\/strong> \u2014 aka attorney malpractice<\/span><\/strong><\/em>. [1]\u00a0 1. [Malpractice] by an attorney at law<\/a>: \u2014 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.<\/strong> 7 Am J2d Attys \u00a7\u00a7 167 et seq.<\/strong> [2]\u00a0 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.\u00a0 Like medical malpractice, legal malpractice is a tort if it results in injury.<\/strong> [3]<\/span><\/span>
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medic<\/strong><\/span>al malpractice<\/span> –<\/strong> (1834) 1. A doctor\u2019s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. <\/strong>\u2014 Often shortened to med. mal. <\/strong><\/em>[1]<\/span><\/span><\/span><\/span><\/p>\n

1. [Malpractice] by physician or surgeon. \u2014 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 \u00a7\u00a7 79, 82<\/span>.<\/span><\/strong><\/p>\n

A<\/span> cause of action<\/a> <\/strong>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 \u00a7 79<\/span>.<\/strong> [2]<\/span><\/span><\/p>\n

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.\u00a0 Like legal malpractice, medical malpractice is a tort if it causes injury.<\/strong> [3]<\/span><\/p>\n

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malpractice insurance<\/span> –<\/strong> 1. See INSURANCE. [1]\u00a0 2. <\/strong><\/span>See physician\u2019s liability insurance<\/em>. [2]\u00a0 3. A type of liability insurance that protects professional persons (EXAMPLES: attorneys; physicians; psychotherapists) from liability for negligence and other forms of malpractice.<\/strong> \u2014 aka professional liability insurance<\/span><\/strong><\/em>. [3]<\/span><\/p>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations <\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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