Malpractice

Abstract

Malpractice can be described as a type of negligence, recklessness or irresponsibility on the part of any professional for example a doctor or a lawyer in performing their duties. This negligence occurs when the professional fails to meet the general standard of the code of conduct, due to which his clients and patients have to suffer physically, emotional or financially.

Table of Contents

Introduction4

Discussion4

Medical Malpractice4

Legal Malpractice5

Clergy Malpractice7

Conclusion7

References8

Malpractice

Introduction

Malpractice can be described as the violence of either a standard of care, or the standard of conduct by a member of any profession. It basically refers to the carelessness or some kind of misconduct by a person in a particular profession such as law, medicine, finance etc. The inability to come up to the expected care or a standard of conduct that is expected from a profession reaches the level of malpractice when the customers gets injured or hurt in anyway because of the mistake.

Discussion

After the year 1970, more and more malpractice suits began to be filed against professionals. Majority of these malpractice suits included doctors, most of them surgeons and other specialists who carried out medical procedures in which there was a high risk of something going wrong to their patients. The high damage awards in opposition to the surgeons or doctors led to higher insurance cost for malpractice. At the same time, the high malpractice awards against lawyers also resulted in increased insurance premiums. This resulted in some of the insurance companies to stop their malpractice policies all together.

Before we move any further, we shall discuss exactly what negligence is. Negligence can be described as a behavior that does not come par to the legally recognized standard for the safety and protection of other people against any avoidable risk of harm. According to the law regarding negligence, a person who has breached a recognized and reasonable standard of care, has neglected his duties and has not carried them out in a responsible manner. This usually means the routine or the usual typical practice of the members of the profession. For example, in an event when a surgeon by mistake, leaves any kind of a surgical tool inside the patient during the surgery, his recklessness and lack of care breaches the core standard of care. Similarly, when an attorney, for any reason, fails to file a lawsuit for a client in time that is stated by the law then he can be blamed for negligence.

Medical Malpractice

When talking about physicians, malpractice is any, dire, amateurish, or careless treatment that results in some kind of an injury to the patient. In the early times, the standard of care was thought to be the usual typical practice of a certain area or region. Most states have now changed the locality rule into an assessment of the customary practice, in the same or some other locality that is similar to the locality in question, along with the examination of the level of development in medical science during the time of the incident. This change has taken place as the ...