Malpraxis

Malpraxis, often spelled malpractice, refers to professional negligence or misconduct by a licensed practitioner that causes harm to a client, patient, or the public. While most commonly associated with medicine, malpraxis can apply to other regulated fields such as law, engineering, architecture, and accounting. The term is used in legal settings to describe failures to meet established professional standards.

The core elements typically required to establish malpraxis are fourfold: a duty of care owed by the professional to the client or patient, a breach of that duty by failing to meet the applicable standard of care, causation linking the breach to the injury, and actual damages resulting from the harm. In medical contexts, the standard of care is what a reasonably competent practitioner would do under similar circumstances, and breaches can include errors in diagnosis, treatment, or failure to obtain informed consent.

Malpraxis claims usually arise in civil litigation, with the burden of proof placed on the plaintiff. Expert testimony is commonly required to establish the applicable standard of care and whether it was breached. Damages may include medical costs, lost income, and pain and suffering; in some jurisdictions, punitive damages or caps on awards may apply.

Common defenses include showing no duty or no breach, lack of causation, contributory or comparative negligence, and that the patient consented to the risks involved. Prevention centers on adherence to professional guidelines, thorough documentation, informed consent, and ongoing education.