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Dictionary of Law |
malpractice :: legal definitionMalpractice - n. An act or continuing conduct of a professional which does not meet the standard of professional competence and results in provable damages to his/her client or patient. Such an error or omission may be through negligence, ignorance (when the professional should have known), or intentional wrongdoing. However, malpractice does not include the exercise of professional judgment even when the results are detrimental to the client or patient. Except in cases of extremely obvious or intentional wrongs, in order to prove malpractice there must be testimony of an expert as to the acceptable standard of care applied to the specific act or conduct which is claimed to be malpractice and testimony of the expert that the professional did not meet that standard. The defendant then can produce his/her own expert to counter that testimony. Professions which are subject to lawsuits based on claims of malpractice include lawyers, physicians, dentists, hospitals, accountants, architects, engineers and real estate brokers. In some states in order to file an action for malpractice against a medical caregiver, there must be a written demand or notice which gives the physician or hospital a chance to settle the matter before a suit is filed. In actions against attorneys it is mandatory that the plaintiff prove that the error, if any, caused damages. This means that a lawsuit, claim or negotiation the attorney was handling would have resulted in a win or better recovery except for the malpractice. Thus, there is a requirement of proving the original "case within the case" during the trial of the malpractice claim. Contrary to public perception, substantial judgments in malpractice actions are rare, with studies showing that only a small percentage of the claims result in recovery for the allegedly aggrieved client or patient. The principal reason is that most cries of malpractice are unfounded and are based on unhappiness with the result of the original services no matter how well handled, a breakdown in communication between attorney or doctor and client or patient, anger with the professional, retaliation for attempts to collect unpaid fees or greed. See also: errors and omissions and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation caption :: n. the first section of any written legal pleading ... to the exact format of the caption. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship count :: n. each separate statement in a complaint which st ... also: cause of action common counts counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party credibility :: n. whether testimony is worthy of belief, based on ... jective. See also: credible witness criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude disbarment :: n. the ultimate discipline of an attorney, which i ... ation and/or cure. See also: disbar dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand errors and omissions :: n. short hand for malpractice insurance which give ... issions which amount to negligence. evidence :: n. every type of proof legally presented at trial ... material object objection relevant excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts intent :: n. mental desire and will to act in a particular w ... ess homicide or other lesser crime. interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder modification :: n. a change in an existing court order or judgment ... terms of child support and custody. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will process :: n. in law, the legal means by which a person is re ... service of process subpena summons promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service of process :: n. the delivery of copies of legal documents such ... by publication substituted service setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |