The tort committed when a professional fails to properly execute their duty to a client. The duty of a professional to a client is generally defined as the duty to follow generally accepted professional standards. Of course, the other elements of a tort (breach, proximate and actual cause and damages) must also be shown. Malpractice suits are most common against doctors and lawyers.
Definition from Nolo’s Plain-English Law Dictionary
The delivery of substandard care or services by a lawyer, doctor, dentist, accountant, or other professional. Generally, malpractice occurs when a professional fails to provide the quality of care that should reasonably be expected in the circumstances, with the result that a patient or client is harmed. Such an error or omission may be through negligence, ignorance (when the professional should have known), or intentional wrongdoing. In the area of legal malpractice, the claimant must prove two things to show harm: first, that the lawyer failed to meet the standard of professional competence; and second, that if the lawyer had handled the work properly, you would have won the original case. (See also: errors and omissions
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:19 pm