Malpractice
Legal Definition and Related Resources of Malpractice
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Malpractice
The failure of one rendering professional services to exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession with the result of injury , loss or damage to the recipient of those services or to those entitled to rely upon them. The failure of the professional to exercise that degree of skill, care and diligence exercised by members of same profession practising in same or similar locality in light of present state of science or knowledge in that profession.
Malpractice Alternative Definition
Bad or unskillful practice in a physician or other professional person, whereby the health of the patient is injured. Physicians and surgeons impliedly contract that they are reasonably and ordinarily qualified to practice the medical profession, and for a failure to possess and exercise such qualifications they are liable. 17 Ind. 115; 21 Minn. 464; 75 N. Y. 12. Willful malpractice takes place when the physipan purposely administers medicines or performs an operation which he knows and expects will result in damage or death to the individual under his care; as in the case of criminal abortion. Elwell, Malprac. 243 et seq.; 2 Barb. (N. Y.) 216. Negligent malpractice comprehends those cases where there is no criminal or dishonest object, but gross negligence of that attention which the situation of the patient requires; as, if a physician should administer medicines, while in a state of intoxication, from which injury would arise to his patient. Ignorant malpractice is the administration of medicines calculated to do injury,, which do harm, and which a well-educated and scientific medical man would know were not proper in the case. Elwell, Malprac. 198 et seq.; 7 Barn. & G. 493, 497; 6 Bing. 440; 6 Mass. 134; 5 Gar. & P. 333; 1 Moody & R. 405; 5 Cox, C. G. 587.
Synonyms of Malpractice
noun
breach of practice
breach of profession
carelessness
culpable professional neglect
dereliction of duty
improper professional action
improper professional conduct
injudicious treatment
injurious treatment by a professional
misconduct
professional error ofjudgment
professional laxness
professional misconduct
professional neglect
professional negligence
unprofessional conduct
unprofessional treatment
violation of professional code
violation of professional duty
Associated Concepts: legal malpractice
medical malpractice
professional malpractice
Related Entries of Malpractice in the Lawi Project
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Malpractice in Historical Law
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Legal Abbreviations and Acronyms
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Malpractice in the Dictionary: Malpractice in our legal dictionaries
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Notice
This definition of Malpractice is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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https://dictionarylaw.substack.com/p/malpractice/: The URI of Malpractice (more about URIs)
English Spanish Translation of Malpractice
Mala praxis: Mala práctica
Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Malpractice) and the Word reference legal translator.
Grammar
This term is a noun.
Etimology of Malpractice
(You may find malpractice at the world legal encyclopedia and the etimology of more terms).
1670s, hybrid coined from mal- + practice; this term is also a noun.. Also used in law for "illegal action by which a person seeks a benefit for himself while in a position of trust" (1758).
Meaning of Malpractice in Spanish
Description/ translation of malpractice into Spanish: impericia en general; la impericia profesional se denomina también transactional malpractice[1]
Note: for more information on related terms and on the area of law where malpractice belongs (criminal procedure law), in Spanish, see here.
Notes and References
Translation of Malpractice published by Antonio Peñaranda
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See Also
Attorney Misconduct; Ethics, Legal; Health Care Law; Medical Malpractice; Physicians and Surgeons; Privileged Communication.