Malpractice is another name for professional negligence. Each profession has a wide variety of policies and practice that may apply to the persons in that profession. Malpractice is usually considered in the areas of medicine and law, but may be applied to all professions such as clergy or accountants.

Professional negligence is closely related to ordinary negligence, but has certain unique features that distinguish it. Professionals are given special consideration under the law which limit their liability.

The laws of every state vary. Laywers practicing in each state must be familiar with the laws of their state as well as general liability law. The compensation that may be available will vary with the state law.

In general, an injured party must show that the professional owed a duty to the injured party, that the professional violated that duty, that the violation legally caused injury, and that the injury resulted in damages. Even under the best of facts, recovery of compensation may be difficult because of the deference shown to professionals by juries.

If you have a question for Dr. Grysen about medico-legal issues, you may submit it here.