Part of the common law series |
Tort law |
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(Outline) |
Trespass to the person |
Property torts |
Dignitary torts |
Negligent torts |
Principles of negligence |
Strict and absolute liability |
Nuisance |
Economic torts |
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Defences |
Liability |
Remedies |
Other topics in tort law |
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By jurisdiction |
Other common law areas |
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".[1]
Professionals who may become the subject of malpractice actions include:
Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice.[3] For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.[4]
To succeed in a malpractice action under typical malpractice law, the person making a malpractice claim must prove that the professional committed an act of culpable negligence and that the person suffered an injury due to the professional's error.[5]
Main article: Medical malpractice |
Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions.[6]
In Australia, medical malpractice and the rise in claims against individual and institutional providers have led to the evolution of patient advocates.[7]