Malpractice is generally defined as harm arising from a professional’s misconduct. A person can also be accused of malpractice if they fail to use adequate levels of care, diligence or skills in the performance of the professional’s duties.
Malpractice occurs when a professional fails to exercise their professional skills in an assignment that they have accepted at the standard of care, learning and skill. The comparison of the performance is based upon the standard of care given by other professionals in the same field.
For malpractice to be taken action on, loss, damage or injury should be suffered by the person who had retained the professional’s services. Also, people who are entitled to benefit from, or rely on the professional’s services can make malpractice actionable.
Any professional who provides service upon which people rely can commit malpractice in theory. The profession has to be regulated and licensed by the state. Therefore, accountants, actuaries, chiropractors, physicians, dentists, psychologists, attorneys and therapists can be named in a malpractice lawsuit. While in actual practice, those who confirm themselves as having special skills or abilities are held accountable in malpractice lawsuits.
There are ways of recovering damages from malpractice sustained. Malpractice generally depends on what the professional failed to do or did. Also, would another professional in the same field act in a similar manner or omission is another question to be asked during malpractice litigation.
Malpractice can either be legal or medical. Some of the malpractices lawsuits are for incidents stemming from auto accidents, wrongful death, motorboat accidents, Lasik injuries and amusement park ride accidents.
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Source: www.ezinearticles.com
