malpractice
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 361 U.S. 354 - Davis v. Virginian Railway Co. · 1960Most cited · 119 citing opinions
Proof of malpractice, in effect, requires two evidentiary steps: evidence as to the recognized standard of the medical community in the particular kind of case, and a showing that the physician in question negligently departed from this standard in his treatment of plaintiff.
How often courts cite the case defining “malpractice”
Court decisions citing the opinion that defined “malpractice” — 119 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.