What is Malpractice?
In law, malpractice is type of tort in which the misfeasance, malfeasance or nonfeasance of a professional, under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. Malpractice can occur in any professional setting when a person is injured as the result of breach of duty, negligence, or lack of ordinary skill.
Negligence is the failure to exercise the care, prudence, or attention to duties which the interests of the government require to be exercised by a prudent and reasonable person under the circumstances. Negligence is a legal concept in the common law legal systems usually used to achieve compensation for injuries (not accidents). Negligence is a type of tort or delict (also known as a civil wrong). However, the concept is sometimes used in criminal law as well.
Through civil litigation, if an injured person can prove that another person acted negligently to cause their injury, they can recover damages to compensate for their harm.
Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Although resulting damages must be proved in order to recover compensation in a negligence action, the nature and extent of those damages are not the primary focus of negligence cases.
Malpractice and Negligence Investigations
Private investigators conduct malpractice and negligence investigations to help gather information, typically for the plaintiff, to support the claim against the professional that caused the injury.