Malpractice
From Wikipedia, the free encyclopedia
Tort law II |
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Part of the common law series |
Negligent torts |
Negligence · Negligent hiring |
Negligent entrustment · Malpractice |
Negligent infliction of emotional distress |
Doctrines affecting liability |
Duty of care · Standard of care |
Proximate cause · Res ipsa loquitur |
Calculus of negligence · Eggshell skull |
Vicarious liability · Attractive nuisance |
Rescue doctrine · Duty to rescue |
Comparative responsibility |
Duties owed to visitors to property |
Trespassers · Licensees · Invitees |
Defenses to negligence |
Contributory negligence |
Last clear chance |
Comparative negligence |
Assumption of risk · Intervening cause |
Strict liability |
Ultrahazardous activity |
Product liability |
Nuisance |
Other areas of the common law |
Contract law · Property law |
Wills and trusts |
Criminal law · Evidence |
For other uses, see Malpractice (disambiguation).
In law, malpractice is type of tort in which the misfeasance, malfeasance or nonfeasance of a professional, under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient. Perhaps the most publicized forms are medical malpractice and legal malpractice by medical practitioners and lawyers respectively, though malpractice suits against accountants (Arthur Andersen) and investment advisors (Merrill Lynch) have been in the news more recently.