Legal Definitions - Misfeasance

Misfeasance refers to the improper or wrongful performance of an act that a person is legally entitled to do. It means carrying out a lawful action, but doing so in a way that is negligent, incorrect, or harmful, rather than failing to act at all (nonfeasance) or performing an entirely unlawful act (malfeasance).

• Example 1: A Negligent Plumber

  Imagine a licensed plumber is hired to install a new water heater in a home. Installing a water heater is a perfectly lawful and expected task for a plumber. However, during the installation, the plumber fails to properly connect a crucial ventilation pipe, leading to a dangerous carbon monoxide leak in the home after the heater is used.

  This illustrates misfeasance because the plumber performed a lawful act (installing a water heater) but did so improperly or negligently, causing harm due to the faulty connection.

• Example 2: A Careless Surgeon

  Consider a qualified surgeon performing a routine appendectomy on a patient. Performing surgery is a lawful and necessary act for a surgeon. However, due to a moment of carelessness during the procedure, the surgeon accidentally nicks a nearby organ, causing additional injury to the patient and requiring further corrective surgery.

  This is an example of misfeasance because the surgeon was engaged in a lawful act (performing surgery) but executed it improperly or negligently, resulting in an avoidable injury to the patient.