Legal Dictionary & Glossary

It's a free online legal dictionary search engine for definitions of legal terminology and legal words, legal abbreviations, and legal jargon you may meet when reading legal acts, law books, documents, legal forms and other legal content.

MALPRACTICE

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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