Legal definition of malpractice
Legal Malpractice Legal Terminology

malpractice

1
From Latin “mala praxis”; an unskilled act done by either a doctor, or a lawyer, a nurse, or an architect, that resulted in injury to a client or patient.
The failure of a professional to follow the accepted standards of practice of his or her profession.
Based on a legal theory that a professional owes duty of care to a patient or a client and if such duty is breached, a professional is liable for damages to a client or a patient.
Most known malpractice is medical malpractice.
In order to be able to recover monetary award a Plaintiff must demonstrate a) that a duty was owed by the hospital or health care provider; b) that the provider failed to provide the standard of care; c) The breach of duty caused an injury to the patient; d) The plaintiff must be able to prove that there were damages, otherwise a medical malpractice suit is not applicable even if the provider was negligent.
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