Forms of Malpractice
Malpractice comes in different forms. Most associate the word with “medical malpractice.” However, “professional malpractice” arises in the accounting, legal and other professional industries. One must determine whether someone has committed malpractice versus an ethical violation.
Medical Malpractice
Medical Malpractice arises when a doctor, caregiver or hospital falls below the level of reasonableness for the medical profession. Not all medical mistakes or poor outcomes amount to malpractice. On the other hand, horrible outcomes and mistakes give rise to malpractice actions.
"Medical malpractice" means the failure of a physician, hospital or employee of a hospital, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances.
Professional Malpractice
Professional malpractice applies a similar level of reasonableness standard for the particular profession. It may be an accountant, a lawyer or other professional.
Nevada Revised Statute § 89.020 states:
"Professional service" means any type of personal service which may legally be performed only pursuant to a license, certificate of registration or other legal authorization.
