What is malpractice?

Malpractice refers specifically to negligence that occurs within the context of professional services, particularly in fields such as medicine and law. It implies that a professional has failed to exercise the level of care that a reasonably competent professional in the same field would have used under similar circumstances. This failure can lead to harm or injury to a patient, making it a particularly serious issue in healthcare, where the stakes are high and the consequences of negligent actions can be significant.

The focus on negligence distinguishes malpractice from other forms of wrongdoing, such as intentional torts or wrongful acts that are not necessarily related to breaches of professional duty. While it is not uncommon for healthcare providers to also face claims related to issues such as privacy violations (exposing patient information), these do not fully capture the essence of what constitutes malpractice. Thus, the core definition revolves around the concept of negligence by a professional person.