What is Malpractice?
The tort that results from a professional failing to uphold their duty of care to a client is known as Malpractice. As per the majority of definitions, a professional’s duty to a client is to maintain widely acknowledged professional standards. The most common targets of malpractice claims are physicians and lawyers. Medical malpractice is the term used to describe any behavior on the part of a physician during patient treatment that deviates from recognized standards of care and causes injury to the patient. One specific aspect of tort law that addresses medical misconduct is professional negligence. In India, the word “malpractice” is not used specifically. While “medical malpractice” is the phrase used in the USA, “medical negligence” is the term used in India.
Key Features of Malpractice:
- The tort that results from a professional failing to uphold their duty of care to a client is known as malpractice.
- The first and most crucial component in claims of medical malpractice is the presence of a legal obligation owed to the patient.
- The patient has to prove that there was a professional duty violation using the concept of a ‘Standard of care’.
- Once a duty of care has been established, it must be demonstrated that the damage was directly caused by the professional’s carelessness.
Difference between Negligence and Malpractice
Negligence and Malpractice are two different legal notions. Both may show that the defendant bears some of the blame for the victim’s losses, but the requirement of proof and the substance of the claim may vary based on whether the plaintiff alleges the defendant was negligent or engaged in malpractice. Everyone owes other people a responsibility of care. Negligence may nevertheless be applied if that obligation is broken. Since malpractice is defined as negligence resulting in injury, it may be categorized as negligence.
Table of Content
- What is Negligence?
- What is Malpractice?
- Difference between Negligence and Malpractice
- Conclusion
- Difference between Negligence and Malpractice- FAQs