malpractice

malpractice (mal-prak-tis). An instance of negligence or incompetence on the part of a professional. • To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages.

— Also termed professional negligence. [Cases: Negligence 321. C.J.S. Negligence § 162.]

legal malpractice. A lawyer’s failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.

— Also termed attorney malpractice. [Cases: Attorney and Client 107. C.J.S. Attorney and Client §§ 254, 256–257.]

medical malpractice. A doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. — Often shortened to med. mal. [Cases: Health 600–835. C.J.S. Parent and Child § 328.]

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