Malpractice

Bad or unskillful practice in a physician or other professional person, whereby the health of the patient is injured. Physicians and surgeons impliedly contract that they are reasonably and ordinarily qualified to practice the medical profession, and for a failure to possess and exercise such qualifications they are liable.

17 Ind. 115; 21 Minn. 464; 75 N. Y. 12.

Willful malpractice takes place when the physipan purposely administers medicines or performs an operation which he knows and expects will result in damage or death to the individual under his care; as in the case of criminal abortion. Elwell, Malprac.

243 et seq.; 2 Barb. (N. Y.) 216.

Negligent malpractice comprehends those cases where there is no criminal or dishonest object, but gross negligence of that attention which the situation of the patient requires; as, if a physician should administer medicines, while in a state of intoxication, from which injury would arise to his patient. Ignorant malpractice is the administration of medicines calculated to do injury,, which do harm, and which a well-educated and scientific medical man would know were not proper in the case. Elwell, Malprac.

198 et seq.; 7 Barn. & G. 493, 497; 6 Bing. 440; 6 Mass. 134; 5 Gar. & P. 333; 1 Moody & R. 405; 5 Cox, C. G. 587.