Simply put, malpractice refers to negligence or misconduct by a professional person. In law, malpractice is a type of negligence in which the professional, who is under a duty to act, fails to follow the generally accepted professional standards or ethics. The resultant breach of duty evidently became the proximate cause of injury to a plaintiff who suffers harm. Malpractice is also defined as mistake or negligent conduct by a professional person that results in damage to others.
Malpractice is the failure to provide professional services with the skill that should have been exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services (Columbia Encyclopaedia). Malpractice is committed by a professional or her/his subordinates or agents on behalf of a client that causes damages to the client. It is the breach by a member of a profession of either a standard of care, or a standard of conduct (West’s Encyclopaedia of American Law).
Aggrieved parties often seek compensation by bringing malpractice suits against the offending professional. The typical malpractice suit will allege the tort of negligence by the professional. Negligence is conduct that falls below the legally established standard for the protection of others against unreasonable risk of harm. Under the law of negligence, a person must violate a reasonable standard of care – standard of care is typically the customary or usual practice of members of a profession. Professionals, who give improper advice, improperly prepare documents, failure to file documents, or make a faulty analysis in examining the title to real estate, may be charged with malpractice by any aggrieved client.
Common malpractices include:
- Conflicts of interest. This occurs where an same Estate Surveyor and Valuer is representing both landlord and tenant at the same time. A conflict of interest violates the right of each client to the undivided, zealous loyalty of his agent – the Estate Surveyor and Valuer. Conflicts may also occur if the Estate Surveyor and Valuers ability to represent a client is materially limited by the Estate Surveyor and Valuers loyalty to another client, a personal relationship, or other reasons.
- Incompetent representation. Estate Surveyors and Valuers have a duty to provide the required professional services, and the failure to observe deadlines or conduct thorough research is considered a breach of ethics.
- Mishandling of clients’ money. Clients’ money must be kept in a separate bank account pending remittance.
- Fee-splitting arrangements. Estate Surveyors and Valuers may not split professional fees with non- Estate Surveyor and Valuer.
- Disclosure of confidential information. Estate Surveyors and Valuers are under a strict duty of confidentiality not to divulge information received in the course of their representations confidential.
- Improper solicitation and advertising. Estate Surveyors and Valuers generally may not solicit business by personally offering their services to potential clients who are not already close friends or family members. Inappropriate advertising by Estate Surveyor’s and Valuer is also strictly regulated, to prevent flattery and other misleading assertions regarding potential results.
References
Olusegun, K. (2012). Estate office practice
http://legal-dictionary.thefreedictionary.com/negligence. Retrieved 9th September, 2014.
http://legal-dictionary.thefreedictionary.com/Professional+malpractice Retrieved 8th September, 2014.
http://www.businessdictionary.com/definition/professional-misconduct.html Retrieved 8th September, 2014.
http://en.wikipedia.org/wiki/Negligence Retrieved 8th September, 2014.
