Malpractice

What Does Malpractice Mean?

Malpractice refers to an act of negligence or incompetence committed by a professional. It involves the complete or partial abandonment of a professional duty, often by a lawyer or physician. Malpractice can also occur when a professional fails to exercise the exceptional degree of diligence, prudence, and skill required in providing their services, resulting in injury, damage, or loss.

Insuranceopedia Explains Malpractice

Malpractice is most commonly committed by lawyers or physicians. When committed by a lawyer, it is referred to as legal malpractice, while malpractice by a physician, hospital, or other healthcare professional is termed medical malpractice. Malpractice occurs when the following three elements are present: first, a failure by the professional to meet the standard of care or conduct required by their duty; second, this failure results in injury or a negative outcome; and third, the injury causes significant damages.

To protect against lawsuits arising from such negligence, doctors, healthcare professionals, hospitals, and lawyers often purchase medical malpractice or legal malpractice insurance coverage. This type of policy is a form of professional liability insurance, which pays for claims tied to mistakes or oversights in the services a professional provides. Premiums depend heavily on the field, so what doctors and physicians pay for coverage usually differs from what lawyers and law firms pay.