What is malpractice?

Malpractice arises from a professional's misconduct or failure to use adequate levels of care, skill or diligence in the performance of their duties that then causes harm to another party.

In order for malpractice to be actionable, injury, loss or damage must be suffered by the person who retained the professional's services, or those otherwise entitled to benefit from or rely upon the professionals services.

James R. Keller
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