Malpractice

8 Unskillful treatment by a physician or surgeon, in consequence of which the patient is injured more or less seriously, perhaps permanently. Spoken of as ignorant, negligent, or willful. Some authorities hold that the ofi^ense, however occasioned, is a misdemeanor: it implies a violation of confidence.* The patient may have a civil action for damages. The majority of the cases arise from amputations, 1 [Commonwealth v. Snelling, 15 Pick. 340 (1834), Shaw. C. J. 2 Rounds V. Delaware, &c. R. Co., 3 Hun, 383 (1874). See also 9 Mete. 106; 29 Tex. 266; 76 Va. 132. = Tuttle V. Bishop,.30 Conn. 85 (1861). « Jennan v. Stewart, 12 F. R. 868 (1882), Hammond, District Judge. ' Commonwealth v. Walden, 3 Cush. 559 (1849). See also 7 Ala. 728; 1 Minn. 292; 3 Terg. 878. « Commonwealth v. Brooks, 9 Gray, 303 (1857); Commonwealth V. Boynton, 110 Mass. 345 (1874). That a malicious act of itself gives no right of action, see 18 Cent. Law J. 424-28 (1884), cases. ' 1 Bl. Com. 46.5; 4 id. 2, 83; 2 Kent, 233. 9 L. mal praxis, bad or faulty practice. See Mal. fractures, and dislocations. The surgeon must know and apply what is settled in his profession, and bring to the performance "of an operation at least ordinary skill; and the patient must not directly contribute, to an extent that cannot be distinguished, to the results of the treatment he afterward complains of.' See Care; Maltreatment.