Legal Definitions - malpractice

Malpractice occurs when a professional, such as a doctor, lawyer, or accountant, fails to perform their duties according to the accepted standards of their profession, and this failure directly causes harm or damage to their client. It is essentially a form of professional negligence.

To establish a claim of malpractice, several key elements must be proven:

• The professional had a specific duty to the client.
• The professional breached that duty by not meeting the generally accepted standards of care or competence within their profession.
• This breach directly caused measurable harm, injury, or financial loss to the client.

Here are some examples illustrating malpractice:

• Medical Malpractice: A surgeon performs an operation on a patient's left knee, despite the patient's medical records clearly indicating that the right knee was the one requiring surgery. The surgeon's failure to properly review the patient's chart and confirm the correct surgical site before the procedure deviates significantly from standard medical protocols. As a result, the patient undergoes an unnecessary operation on a healthy limb and still requires a second surgery on the correct knee, leading to prolonged recovery, additional pain, and increased medical expenses.

  This illustrates malpractice because the surgeon, a medical professional, breached their duty to follow accepted surgical standards (like verifying the surgical site) which directly caused physical harm and financial damages to the patient.

• Legal Malpractice: A lawyer representing a client in a personal injury lawsuit fails to file the necessary legal documents within the statute of limitations (a strict deadline for bringing a case to court). Despite having sufficient time and all the required information, the lawyer's oversight leads to the client's case being dismissed, preventing them from seeking compensation for their injuries and losses.

  This demonstrates malpractice because the lawyer, a legal professional, failed to meet a fundamental professional standard (filing documents on time), which directly resulted in the client losing their legal right to pursue their claim and suffering financial and emotional damages.

• Accounting Malpractice: An accountant preparing annual financial statements for a small business owner incorrectly categorizes a large portion of the business's revenue as non-taxable income, failing to apply standard accounting principles for revenue recognition. This error goes unnoticed until the business is audited by tax authorities, resulting in the business owner owing substantial back taxes, penalties, and interest, significantly impacting the company's financial stability.

  This is an example of malpractice because the accountant, a financial professional, breached their duty to accurately prepare financial statements according to accepted accounting standards, directly causing significant financial penalties and losses for the business owner.