malpractice

malpractice
The violation of a professional duty to act with reasonable care and in good faith without fraud or collusion, as in the case of a public accountant, 1 Am J2d Accts § 15, or a beautician. Ocean Acci. & Guarantee Corp. v Herzberg's Inc. (CA8 Neb) 100 F2d 171. By an attorney at law:–the failure to exercise on behalf of his client the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession, whereby an actual loss is caused the client. 7 Am J2d Attys §§ 167 et seq. By physician or surgeon:–the wrong, for which a physician or surgeon is answerable to his patient where it results in injury to the patient, consisting in the want of that reasonable degree of learning, skill, and experience which ordinarily is possessed by others of his profession, the omission to exercise reasonable care and diligence in the exertion of his skill and the application of his knowledge, or his failure to exert his best judgment in the case entrusted to him. 41 Am J1st Phys & S §§ 79, 82. A cause of action predicated by law on the relation which exists between physician and patient, although supported by some cases on the theory of liability under a contract implied by law. 41 Am J1st Phys & S § 79.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • malpractice — mal·prac·tice /ˌmal prak təs/ n: negligence, misconduct, lack of ordinary skill, or a breach of duty in the performance of a professional service (as in medicine) resulting in injury or loss Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • Malpractice — Dr. Feelgood Дата выпуска октябрь 1975 Записан 1975 Жанры …   Википедия

  • malpractice — mal‧prac‧tice [ˌmælˈprækts] noun [countable, uncountable] LAW when someone breaks the rules of their profession or breaks the law in order to gain some advantage for themselves: • He accused the attorneys of legal malpractice. • Insider trading… …   Financial and business terms

  • Malpractice — Mal*prac tice, n. [Mal + practice.] Evil practice; illegal or immoral conduct; practice contrary to established rules; specifically, the treatment of a case by a surgeon or physician in a manner which is contrary to accepted rules and productive… …   The Collaborative International Dictionary of English

  • malpractice — (n.) 1670s, hybrid coined from MAL (Cf. mal ) + PRACTICE (Cf. practice) (n.). Also used in law for illegal action by which a person seeks a benefit for himself while in a position of trust (1758) …   Etymology dictionary

  • malpractice — [n] abuse, misconduct carelessness, dereliction, malefaction, misbehavior, misdeed, mismanagement, negligence, offense, transgression, violation; concepts 101,156,310,324 …   New thesaurus

  • malpractice — ► NOUN ▪ improper, illegal, or negligent professional activity or treatment …   English terms dictionary

  • malpractice — [mal prak′tis] n. 1. injurious or unprofessional treatment or culpable neglect of a patient by a physician or surgeon 2. misconduct or improper practice in any professional or official position malpractitioner [mal΄praktish′ən ər] n …   English World dictionary

  • malpractice — Professional misconduct or unreasonable lack of skill. This term is usually applied to such conduct by doctors, lawyers, and accountants. Failure of one rendering professional services to exercise that degree of skill and learning commonly… …   Black's law dictionary

  • malpractice — Professional misconduct or unreasonable lack of skill. This term is usually applied to such conduct by doctors, lawyers, and accountants. Failure of one rendering professional services to exercise that degree of skill and learning commonly… …   Black's law dictionary

  • Malpractice — For other uses, see Malpractice (disambiguation). Tort law …   Wikipedia

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