1. Insurance Terms & Definitions/
  2. Insurance Terms Starting With M

Malpractice

What is Malpractice?

Malpractice is a term that may refer to negligence, or failure to provide a reasonable standard of care, in either professional or medical services. In the legal sense, malpractice is considered a form of professional misconduct that results in harm to a person or group of people.

Malpractice in More Detail

In terms of medical malpractice, it is defined as a health care provider’s failure to provide an accepted standard of care that results in injury or death to a patient. This type of malpractice can occur due to improper diagnosis, improper treatment, or failure to follow accepted standards of care. Common medical malpractice cases involve misdiagnosis, delayed diagnosis, surgical errors, medication errors, and birth injuries.

Professional Malpractice

In terms of professional malpractice, it is defined as a professional's failure to exercise the level of skill and care that a reasonable professional in a similar situation would use. Professional malpractice can occur in a variety of fields, including but not limited to law, accounting, engineering, construction, architecture, and financial services. The types of professional malpractice cases that may be brought depend on the profession and the specific facts of the case.

Legal Recourse

In both medical and professional malpractice cases, the injured party may seek legal recourse for damages caused by the malpractice. Damages may include compensation for pain and suffering, lost wages, medical expenses, and other costs.

Summary

In summary, the term “malpractice” may refer to negligence or failure to provide a reasonable standard of care that results in injury or death to a person or group of people. This type of misconduct can occur in either the medical or professional fields, and legal recourse may be sought in order to recover damages caused by the malpractice.

Libby Sircy

Libby Sircy


Libby is the Client Experience Leader within The Baldwin Group’s Innovation Practice. She focuses on delivering a seamless, stress-free insurance journey for small business owners. After starting her career in life insurance claims and relocating to NYC, she joined the…

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