In the law of , malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".[Malpractice definition, ]
Professionals who may become the subject of malpractice actions include:
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medical professionals: a medical malpractice claim may be brought against a physician or other healthcare provider who fails to exercise the degree of care and skill that a similarly situated professional of the same medical specialty would provide under the circumstances.
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lawyers: a legal malpractice claim may be brought against a lawyer who fails to render services with the level of skill, care, and diligence that a reasonable lawyer would apply under similar circumstances.
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financial professionals: professionals such as accountants, financial planners, and stockbrokers may be subject to claims for professional negligence based upon their failure to meet professional standards when providing services to their clients.
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architects and engineers: a construction professional may be accused of professional negligence for failing to meet professional standards in the design and construction of buildings and structures.
Proof of malpractice
Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice.
For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.
To succeed in a malpractice action under typical malpractice law, the person making a malpractice claim must prove that the professional committed an act of culpable negligence and that the person suffered an injury due to the professional's error.[See, e.g., ]
Medical malpractice
Medical malpractice is a highly complex area of law, with laws that differ significantly between
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In Australia, medical malpractice and the rise in claims against individual and institutional providers have led to the evolution of .
