What is malpractice and how does it differ from negligence?
By
Malpractice and Negligence: Understanding the Differences
Malpractice is a type of professional negligence in which a professional fails to provide services in the legally acceptable standard of care for their profession. Malpractice is generally understood to apply only to professionals who are licensed to provide services in a particular field, such as medical doctors, lawyers, and accountants.
Negligence is a failure to meet the standard of care that is expected of a reasonable person in a particular situation. While negligence is a broad term that can apply to any type of careless or reckless behavior, malpractice specifically refers to negligence that occurs in the context of a professional relationship.
Elements of Malpractice
In order to prove malpractice, it is generally necessary to establish four elements:
- Duty: The professional owed a duty of care to the person who was harmed.
- Breach of Duty: The professional failed to provide services in a manner that met the applicable standard of care.
- Causation: The breach of duty was the direct cause of the harm suffered by the person.
- Damages: The person suffered some type of harm as a result of the professional's breach of duty.
The main difference between malpractice and negligence is the context in which the behavior occurs. Negligence can occur in any situation where a reasonable person would have acted differently. Malpractice, on the other hand, only applies to situations where a professional relationship exists and the professional failed to meet the standard of care expected of them in that context.
Statute of Limitations
It is important to note that malpractice claims are subject to a statute of limitations, which can vary depending on the jurisdiction and the type of claim being brought. In addition, in some cases it may be necessary to obtain expert testimony in order to establish the standard of care that applies in a particular situation.
Consult an Attorney
If you believe that you or someone you know has been the victim of malpractice, it is important to consult with a licensed attorney who specializes in this area of law. They can provide guidance on the specific legal requirements for bringing a malpractice claim in your jurisdiction and can help you identify any potential limitations or exceptions to your claim.
