Malpractice

Malpractice refers to the professional negligence or failure of a professional—most commonly a healthcare provider—to perform their duties according to the accepted standards of their profession, resulting in harm, injury, or loss to a client or patient. It occurs when a professional fails to take appropriate action, provides substandard treatment, or makes errors that cause damage.

In the context of healthcare, medical malpractice happens when a healthcare professional, such as a doctor or nurse, fails to provide the standard of care expected in diagnosis, treatment, medication dosage, health management, or aftercare, leading to injury, harm, or death of the patient. For example, a failure to diagnose a disease timely or an error during surgery that causes lasting disability can be considered malpractice.

Malpractice is legally recognized as a tort—a civil wrong—where the professional breaches their duty to the client by not adhering to generally accepted professional standards. To prove malpractice, it must be shown that there was a duty, a breach of that duty, proximate and actual cause, and damages resulting from the breach.

More broadly, malpractice can apply to other professions beyond healthcare, such as law or finance, where failure to act correctly or legally in one's job causes injury or loss.

In summary, malpractice is:

• A breach of professional duty or standard of care
• Resulting in injury, harm, or loss to the client or patient
• Often involving negligence or errors in professional judgment or action
• Grounds for legal claims to recover compensation for damages caused.

This concept ensures accountability and protection for clients and patients relying on professional expertise.