Why is malpractice also called professional negligence?
Malpractice is commonly referred to as professional negligence because:
1. Breach of Duty: Both malpractice and professional negligence are rooted in the failure to meet a "duty of care" that a professional owes to their clients or patients. Just like negligence in general, malpractice occurs when a professional's actions or omissions deviate from what a reasonably prudent person with similar training and expertise would do in the same circumstances.
2. Legal Standard of Care: Malpractice and professional negligence share a common legal standard of care. The courts evaluate the professional's conduct by comparing it to what other similarly qualified professionals would have done in the same situation. If there is a significant departure from this standard of care that results in harm, it may constitute malpractice or professional negligence.
3. Harm or Injury: In both cases, the failure to meet the required standard of care must have caused harm or injury to the client or patient. Without actual damage, a mere breach of duty alone may not give rise to malpractice or negligence liability.
4. Breach of Contract: While malpractice is a form of civil wrong (tort), it can also lead to a breach of contract if the professional had a contractual duty to the client. For example, if a doctor has a contract to provide medical services, a departure from the standard of care that leads to harm could result in both professional negligence and breach of contract claims.
5. Expert Testimony: In malpractice and professional negligence lawsuits, expert testimony is often necessary to establish the standard of care, the breach of that standard, and the link between the breach and the resulting injury. Experts from the same professional discipline typically provide their opinions to help the court assess the defendant's actions and determine liability.
Therefore, malpractice is also referred to as professional negligence because both concepts involve a failure to adhere to the professional's duty of care, resulting in harm to the client or patient and potentially leading to legal consequences.