Malpractice

For other uses, see Malpractice (disambiguation).

Part of the common law series
Tort law
Intentional torts
Assault Battery False imprisonment Intentional infliction of emotional distress Transferred intent
Property torts
Trespass land chattels Conversion Detinue Replevin Trover
Defenses
Assumption of risk Comparative negligence Contributory negligence Consent Necessity Statute of limitations Self-defense Defense of others Defense of property Shopkeeper's privilege
Negligence
Duty of / standard of care Proximate cause Res ipsa loquitur Calculus of negligence Rescue doctrine Duty to rescue Negligent infliction of emotional distress Employment-related Entrustment Malpractice legal medical
Liability torts
Product liability Quasi-tort Ultrahazardous activity
Nuisance
Public nuisance Rylands v. Fletcher
Dignitary torts
Defamation Invasion of privacy False light Breach of confidence Abuse of process Malicious prosecution Alienation of affections Seduction
Economic torts
Fraud Tortious interference Conspiracy Restraint of trade
Liability and remedies
Last clear chance Eggshell skull Vicarious liability Volenti non fit injuria Ex turpi causa non oritur actio Neutral reportage Damages Injunction Torts and conflict of laws Joint and several liability Comparative responsibility Market share liability
Duty to visitors
Trespassers Licensees Invitees Attractive nuisance
Other common law areas
Contracts Criminal law Evidence Property Wills, trusts, and estates
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In the law of torts, malpractice is an "instance of negligence or incompetence on the part of a professional." Types include medical malpractice ("A doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances") and legal malpractice ("A lawyer's failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.").