Malpractice comes in several different forms. Most people associate the word with “medical malpractice.” However, “professional malpractice” can arise in accounting, legal, and other professional industries. One must determine whether someone has committed malpractice versus an ethical violation.
Medical Malpractice arises when a doctor, caregiver, or hospital deviates from set standards within their industry or profession. Not all medical mistakes or poor outcomes can amount to malpractice. On the other hand, incorrect outcomes or mistakes do give rise to malpractice actions.
Nevada Revised Statute 41A.009. “Medical malpractice” defined.
“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.
Currently, Nevada’s legislature has elected to limit recovery on medical malpractice cases for non-economic damages to $350,000. This is something consumers of medical services and trial lawyers are concerned about and trying to reverse. Doctors and insurance companies oppose changing the limit, arguing it is too expensive to be insured and harder to keep quality medical care in Nevada. This is disingenuous.
Bad doctors cause lawsuits. Lawsuits do not cause bad doctors or bad medical care. Meanwhile,
Professional malpractice applies a similar level of reasonableness standard for the individual’s 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.