PROFESSIONAL ABUSE

Abuse is the improper usage, or treatment for a bad purpose, often to unfairly or improperly gain benefit, physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices, wrongful practice or custom, offense, crime, or verbal aggression. Abuse can come in many forms.

Forms of professional abuse

Professional abuse can occur in three ways:

1. Nonfeasance: The intentional failure to perform a required duty or obligation. It depicts non-performance of what ought to be done: default, delinquency, dereliction, failure, neglect, omission. Nonfeasance is a term used in tort law to describe inaction that allows or results in harm to a person or to property. It is the failure to execute or perform an act or duty required by position/office or law which results in harm or damage to a person or property. The perpetrator can be found liable and subject to prosecution. An act of nonfeasance can result in liability if:

  • the actor owed a duty of care toward the injured person,
  • the actor failed to act on that duty, and
  • the failure to act resulted in injury.

2. Misfeasance means taking inappropriate action or give intentionally incorrect advice. It is the performing official duties irresponsibly, or improperly carrying out a lawful act. With regards to performance on a contract, misfeasance is engaging in a proper action or duty, but failing to perform the duty correctly. Misfeasance often occurs in the business world when management does not comply with rules and procedures, not out of intent to harm, but to perhaps create a shortcut. Management may do this because they believe it is helping the company, but it could result in negative consequences in the future.

3. Malfeasance: This refers to the hostile, aggressive action taken to injure the client’s interests. Malfeasance is a comprehensive term used in both civil and criminal law to describe any act that is wrongful. It is not a distinct crime or tort, but may be used generally to describe any act that is criminal or that is wrongful and gives rise to, or somehow contributes to, the injury of another person. Malfeasance is deliberately and with forethought committing an illegal act (usually having to do with one’s official responsibilities). Nonfeasance is simply taking no action at all. Misfeasance is defined as taking devious/questionable actions. Malfeasance is an affirmative act that is illegal or very wrong; it is the commission of an act that is unequivocally illegal or completely wrongful.

Types of office abuses

  • Abuse of authority
  • Abuse of information
  • Abuse of power
  • Abuse of process
  • Abuse of trust
  • Anti-social behaviour
  • Bullying
  • Character assassination
  • Clandestine abuse
  • Corporate abuse
  • Corruption
  • Defamation
  • Disability abuse
  • Discriminatory abuse
  • Economic abuse
  • Emotional abuse
  • Employee abuse
  • Financial abuse
  • Group psychological abuse
  • Harassment
  • Hate crimes
  • Hazing (i.e. harass by imposing humiliating or painful tasks)
  • Human rights abuse
  • Humiliation
  • Incivility (i.e. deliberate discourtesy)
  • Institutional abuse
  • Insult
  • Intimidation
  • Legal abuse
  • Malpractice
  • Market abuse
  • Mental abuse
  • Mind abuse or mind control
  • Misconduct
  • Narcissistic abuse (this is characteristic of those having an inflated idea of their own importance)
  • Neglect
  • Negligence
  • Online abuse
  • Passive–aggressive behaviour
  • Peer abuse
  • Persecution
  • Personal abuse or personal attacks
  • Physical abuse
  • Prejudice
  • Professional abuse
  • Psychological abuse
  • Racial abuse
  • Ragging (i.e. harass persistently in cruel or annoying way)
  • Rape
  • Relational aggression
  • Religious abuse and discriminationt5
  • Rudeness
  • Sexual abuse
  • Taunting (i.e. aggravation by deriding, mocking or criticizing)
  • Teasing
  • Umpire abuse
  • Verbal abuse or verbal attacks
  • Workplace abuse or workplace bullying

Professional abusers often:

  • take advantage of their client or employees’ trust;
  • exploit their vulnerability;
  • do not act in their best interests; and

Characteristics of professional abuse are:

  • betrayal of trust;
  • exploitation of vulnerability; and
  • violation of professional boundaries
  • fail to keep professional boundaries.

 References

Abuse. (n.d.). Wikipedia. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/abuse

Investopedia Financial Dictionary: Malfeasance. (n.d.). Investopedia. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/malfeasance

Malfeasance. (n.d.). West’s Encyclopaedia of American Law. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/malfeasance

Nonfeasance. (n.d.). Roget’s II: The New Thesaurus, Third Edition. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/nonfeasance

Professional abuse. (n.d.). Wikipedia. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/professional-abuse

Professional. (n.d.). Roget’s II: The New Thesaurus, Third Edition. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/professional

Professional. (n.d.). The American Heritage® Dictionary of the English Language, Fourth Edition. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/professional

Professional. (n.d.). Wikipedia. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/professional

West’s Encyclopaedia of American Law: Malfeasance

West’s Encyclopedia of American Law: Malfeasance. (n.d.). West’s Encyclopaedia of American Law. Retrieved February 12, 2011, from Answers.com Web site: http://www.answers.com/topic/malfeasance

Wikipedia on Answers.com Professional abuse on Answers.com. Wikipedia Copyright © 2011 by Wikipedia. Published by Wikipedia.

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