|Part of the common law series|
|Liability and remedies|
|Duty to visitors|
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In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".
Professionals who may become the subject of malpractice actions include:
Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice. For example, in order to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.
To succeed in a malpractice action under typical malpractice law, the person making a malpractice claim must prove both that the professional committed an act of culpable negligence and that the person suffered injury as a result of the professional's error.
Main article: Medical malpractice
Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions.
In Australia, medical malpractice and the rise in incidences of claims against individual and institutional providers has led to the evolution of patient advocates.