Malpractice

Malpractice is a term used in various fields, but most commonly in the medical field, to describe professional negligence by a healthcare provider. This negligence could be an act of omission or commission during the course of providing care to a patient. The care provided is not in line with the accepted standards of practice in the medical community and causes injury or death to the patient.

Definition

Malpractice is defined as "improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official." This can include a range of actions (or inactions), including misdiagnosis, improper treatment, and failure to treat.

Medical Malpractice

Medical malpractice is a specific subset of malpractice, which involves a breach of duty by a medical professional. This can occur when a healthcare provider does not provide the standard of care that other providers in the same field would have provided under similar circumstances, and this results in harm to the patient.

Legal Aspects

In the legal field, malpractice is a cause of action that can be brought in court to recover damages for physical, emotional, or financial harm caused by a professional's negligence or intentional wrongdoing. The plaintiff (the patient, or in the case of a wrongful death suit, the executor or administrator of a deceased patient's estate) must prove four elements to establish a prima facie (on its face) case of medical malpractice.

Prevention

Prevention of malpractice involves a variety of strategies, including continuing education for healthcare professionals, effective communication with patients, and thorough documentation of patient care.

See Also

• Negligence
• Medical error
• Patient safety
• Professional liability insurance

Malpractice Resources
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