Is a med error considered malpractice? “Malpractice” is a fancy word for negligence, but involves a professional. There are 4 elements of malpractice: Duty (the standard of care) Breach (you didn’t do what you were supposed to do or did something that you should not have done); Causation; and Harm. So, let’s put it in layman’s terms. You have a duty to come to a halt at a stop sign, you don’t stop at the sign and you hit another car and cause injury. That is negligence because … [Read more...]