Malpractice in United States
Malpractice 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.
Malpractice in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Malpractice | Malpractice in the World Legal Encyclopedia. |
| Malpractice | Malpractice in the European Legal Encyclopedia. |
| Malpractice | Malpractice in the Asian Legal Encyclopedia. |
| Malpractice | Malpractice in the UK Legal Encyclopedia. |
| Malpractice | Malpractice in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Malpractice
Scan Malpractice in the appropriate area of law:
| Link | Description |
|---|---|
| Malpractice | Malpractice in the Family Law Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the IP Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Commercial Law Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Criminal Law Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Antritrust Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Tax Law Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Malpractice | Malpractice in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Malpractice in the Dictionaries | Malpractice in our legal dictionaries |
| http://lawi.us/malpractice | The URI of Malpractice (more about URIs) |
| Malpractice related entries | Find related entries of Malpractice |
Legal Issue for Attorneys
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.
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Notice
This definition of Malpractice Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Malpractice as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
(by an attorney) The delivery of substandard services by a lawyer. Generally, malpractice occurs when a lawyer fails to provide the quality of service that should reasonably be expected in the circumstances, with the result that the lawyer’s client is harmed.
Basic Meaning of Malpractice
Malpractice means: improper or negligent professional act by a professional person.
Medical Malpractice: Childbirth Injuries
Note: Find out more information about this topic in this American legal Encyclopedia. Another common medical malpractice claim applies to injuries that occur during childbirth.
Resources
See Also
Attorney Misconduct; Ethics, Legal; Health Care Law; Medical Malpractice; Physicians and Surgeons; Privileged Communication.
Further Reading (Articles)
Malpractice insurance isn’t just for doctors, The Sun – Naperville (IL); October 22, 2004; Williams Strons
Malpractice cases are real issue, The Herald News – Joliet (IL); May 22, 2005; Keith A. Hebeisen
Malpractice expense reforms not expected soon. Physician’s Payment Update; February 1, 1997
MALPRACTICE CAPS LURE DOCTORS.(News), The Cincinnati Post (Cincinnati, OH); June 1, 2005
Malpractice caps can bring more doctors to an area. State Health Watch; August 1, 2005
Malpractice is the problem not the high cost of malpractice insurance. HealthFacts; February 1, 2003
Malpractice Myths and Coverups, Nutrition Health Review; June 22, 2005
Malpractice proposals calsh with Indiana law, Indianapolis Business Journal; January 31, 2005; Olson, Scott
Malpractice by Physical Therapists: Descriptive Analysis of Reports in the National Practitioner Data Bank Public Use Data File, 1991-2004, Journal of Allied Health; December 1, 2007; Sandstrom, Robert
Malpractice rates soar, Central Penn Business Journal; June 15, 2001; Olenchek, Christina
Malpractice ruling may shake system, experts say. The Milwaukee Journal Sentinel (Milwaukee, WI); July 24, 2005
MALPRACTICE DOGS DOCTORS, Post-Tribune (IN); March 26, 1996
Malpractice co
sts level off in Massachusetts, report says. Knight Ridder/Tribune Business News; November 16, 2004
Medical Malpractice and the Goals of Tort Law, Health Law Journal; January 1, 2003; Brine, Andrew
Malpractice Situation Not Dire, Study Finds; Analysis of Texas Claims Finds ‘Sea of Calm,’ Overall Stability in Tort System, The Washington Post; March 10, 2005; Ceci Connolly
The Medical Malpractice Myth, Law & Society Review; September 1, 2007; Jain, Sarah
Malpractice speaker left out drug record, The Charleston Gazette (Charleston, WV); January 8, 2003; Scott Finn
Malpractice pits doctors vs. lawyers; Spending on dueling initiatives will likely reach record levels, The Columbian (Vancouver, WA); October 8, 2005; CURT WOODWARD, Associated Press writer
Malpractice bill signed into law as state’s largest insurer leaves, The State Journal; December 17, 2001; Elmer, Joann C
Malpractice verdict adds up to $118 million.(Knight Ridder Newspapers), Knight Ridder/Tribune News Service; December 8, 2000; Stark, Karl
Malpractice in State Statute Topics
Introduction to Malpractice (State statute topic)
The purpose of Malpractice is to provide a broad appreciation of the Malpractice legal topic. Select from the list of U.S. legal topics for information (other than Malpractice).
Basic Meaning of Malpractice
Malpractice means: improper or negligent professional act by a professional person.
Medical Malpractice: Childbirth Injuries
Note: Find out more information about this topic in this American legal Encyclopedia. Another common medical malpractice claim applies to injuries that occur during childbirth.
Resources
Further Reading
- Information about Malpractice in the Gale Encyclopedia of American Law.
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