Malpractice

As applied to physicians and surgeons, this term means, generally, professional misconduct towards a patient which is considered reprehensible either because immoral in itself or because contrary to law or expressly forbidden by law. In a more specific sense, it means bad, wrong or injudicious treatment of a patient, professionally and in respect to the particular disease or injury, resulting in injury, unnecessary suffering or death to the patient, and proceeding from ignorance, carelessness, want of proper professional skill, disregard of established rules or principles, neglect, or a malicions or criminal intent.

See Rodgers v. Kline, 56 Miss. 816, 31 Am. Rep. 389; Tucker v. Gillette, 22 Ohio Cir. Ch. R. 669; Abbott v. Mayfield, 8 Kan. App. 387, 56 Pac. 327; Hibbard v. Thompson, 109 Mass. 288.

The term is occasionally applied to lawyers, and then means generally any evil practice in a professional capacity, but rather with reference to the court and its practice and process than to the client.

See In re Baum, 55 Hun. 611, 8 N. Y. Supp. 771; In re Silkman, 88 App. Div. 102, 84 N. Y. Supp. 1025; Cowley v. O'Connell, 174 Mass. 253, 54 N. E. 558.