Malpractice: Overview, definition and example
What is malpractice?
Malpractice refers to when a professional fails to meet the standard of care or competence expected in their field, causing harm or damage as a result. It’s most commonly associated with doctors, lawyers, or other professionals who have specialized training and responsibilities.
For example, if a doctor misdiagnoses a patient due to negligence and the patient’s condition worsens, that could be considered medical malpractice. Similarly, if a lawyer misses a critical deadline that harms their client’s case, it could be legal malpractice.
Why is malpractice important?
Malpractice is important because it holds professionals accountable for their actions and ensures that people receiving their services are protected from negligence. For businesses and individuals, understanding malpractice is crucial for recognizing when a professional has breached their duty of care and caused harm.
In professions requiring specialized knowledge, malpractice laws provide a way for harmed parties to seek compensation and encourage professionals to maintain high standards of practice.
Understanding malpractice through an example
Imagine a business hires an accountant to file its taxes. If the accountant makes a careless error, leading to hefty fines or penalties from the tax authority, the business could claim malpractice against the accountant for failing to perform their duties properly.
In another case, a patient undergoes surgery, but the surgeon neglects to review important medical records, resulting in complications. The patient could sue for medical malpractice, arguing that the surgeon’s carelessness caused avoidable harm.
An example of a malpractice clause
Here’s how a malpractice clause might look in a professional services agreement:
“The Service Provider shall perform all services with reasonable care, skill, and diligence. In the event of professional negligence or malpractice, the Client shall be entitled to pursue remedies as provided by applicable law.”
Conclusion
Malpractice occurs when professionals fail to meet the standards of their field, causing harm or damage due to negligence or incompetence. It’s a legal safeguard to ensure accountability and protect those relying on professional expertise.
By understanding malpractice, businesses and individuals can recognize when their rights have been violated and take appropriate steps to seek justice. It reinforces trust in professional services by promoting high standards and accountability.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.