Legal Definitions - mala praxis

Mala praxis is a legal term that refers to professional negligence or misconduct by someone in a position of trust or expertise, which results in harm or injury to a client or patient. It occurs when a professional fails to exercise the degree of skill, care, and diligence that a reasonably prudent professional in the same field would under similar circumstances. This failure constitutes a breach of the trust placed in the professional and can lead to legal liability.

Here are some examples illustrating mala praxis:

• Example 1: Medical Negligence

  A surgeon, due to a lapse in concentration and failure to follow standard pre-operative protocols, performs surgery on the wrong knee of a patient. The patient then requires a second surgery to correct the initial error and address the correct knee.

  This is an instance of mala praxis because the surgeon failed to exercise the expected standard of care for their profession. Operating on the wrong limb constitutes a clear act of negligence and professional misconduct, directly causing harm (unnecessary surgery, potential complications, and the original problem remaining untreated) to the patient who entrusted their care to the surgeon.

• Example 2: Legal Professional Misconduct

  A lawyer representing a client in a personal injury case negligently misses the statutory deadline (statute of limitations) for filing the lawsuit. As a result, the client is forever barred from pursuing their claim for damages, even though they had a valid case and suffered significant injuries.

  This demonstrates mala praxis because the lawyer failed to perform a fundamental duty of their profession—adhering to critical legal deadlines. This professional negligence directly caused significant financial and legal harm to their client, who relied on the lawyer's expertise to protect their rights.

• Example 3: Pharmaceutical Error

  A pharmacist, while filling a prescription, misreads the dosage instructions and dispenses a medication at ten times the prescribed strength to a patient. The patient subsequently suffers severe adverse effects, including organ damage, requiring emergency hospitalization.

  This is an instance of mala praxis because the pharmacist failed to exercise the professional care and accuracy expected in dispensing medication. This negligent act directly led to serious physical harm to the patient, violating the trust placed in the pharmacist to provide safe and correct pharmaceutical care.