A1 noun #3,500 よく出る 6分で読める

malpractice

When someone in a job like a doctor or a lawyer makes a big mistake, it's called malpractice.

It means they didn't do their job correctly, like they should have.

This mistake can cause problems or hurt someone, for example, a patient or a client.

They did not follow the usual rules for their job.

Malpractice, at a C2 level of understanding, denotes a grave professional dereliction characterized by either intentional misconduct or a profound deficit in requisite skill, leading to egregious breaches of established standards of care. This often culminates in tangible detriment or quantifiable loss to a professional's clientele or patients.

It transcends mere error, implying a culpable deviation from professional norms, and frequently forms the basis for legal action due to the resultant harm. Such a failure typically signifies a systemic breakdown in adherence to industry benchmarks, demanding a high degree of accountability from the practitioner. The term encapsulates both active malfeasance and passive negligence, where the latter arises from a profound insufficiency in professional competence.

§ How to use 'malpractice' in a sentence

The word 'malpractice' is a noun, and it refers to professional wrongdoing or a significant lack of skill that causes harm. It's often used in a legal context, particularly when discussing professionals like doctors, lawyers, or accountants. Understanding its grammatical role and common prepositions will help you use it correctly in your writing and speech.

§ 'Malpractice' as a count or non-count noun

'Malpractice' can function as both a non-count (or uncountable) noun and, in some specific contexts, as a count (or countable) noun. Typically, it is treated as a non-count noun, referring to the general concept of professional negligence.

DEFINITION
When used as a non-count noun, 'malpractice' refers to the general idea of professional misconduct or negligence.

The hospital faced accusations of widespread malpractice.

DEFINITION
In more specific legal contexts, 'malpractice' can sometimes be treated as a count noun when referring to individual instances or cases of professional negligence. In this usage, it can be pluralized as 'malpractices'.

There were several documented malpractices that led to the legal action.

§ Common prepositions with 'malpractice'

The word 'malpractice' frequently appears with certain prepositions, which help clarify its relationship to other words in the sentence. Here are some of the most common ones:

  • of: This is perhaps the most common preposition used with 'malpractice'. It typically indicates the type of malpractice or who is accused of it.

The patient sued the surgeon for medical malpractice.

The firm was accused of financial malpractice.

  • by: This preposition is used to indicate the person or entity responsible for the malpractice.

The lawsuit alleged malpractice by the legal team.

  • against: This preposition is used to indicate who the malpractice was committed against.

The patient filed a claim against the doctor for malpractice.

  • for: This preposition often indicates the reason for a legal action or a claim.

They are suing the lawyer for malpractice.

§ Using 'malpractice' in different sentence structures

'Malpractice' can be integrated into various sentence structures. Here are a few examples to illustrate its flexibility:

  • As the subject of a sentence:

Malpractice can have severe consequences for professionals.

  • As the object of a verb:

The committee investigated the alleged malpractice.

  • In a prepositional phrase:

The case focused on charges of medical malpractice.

By understanding these grammatical points and common usages, you can confidently incorporate 'malpractice' into your vocabulary, especially in discussions related to professional ethics and legal accountability.

§ Common Mistakes People Make with 'Malpractice'

The word 'malpractice' is specific and carries significant legal and ethical weight. Because of its precise meaning, it's easy to misuse it. Here are some of the most common mistakes and how to avoid them.

§ Mistake 1: Using 'Malpractice' for Any Mistake or Error

DEFINITION
Malpractice specifically refers to professional misconduct or an unreasonable lack of skill by a professional, such as a doctor or lawyer. It usually involves a failure to follow established standards of care, resulting in harm or loss to a patient or client.

Many people incorrectly use 'malpractice' to describe any error or mistake, especially in a professional setting. However, 'malpractice' is a legal term with specific criteria. It's not just about making a mistake; it's about a professional failing to meet the accepted standard of care, leading to harm.

Incorrect: The chef was accused of malpractice after burning the soup.

Correct: The patient sued the doctor for malpractice after a surgical error resulted in permanent injury.

§ Mistake 2: Applying 'Malpractice' to Non-Professional Contexts

Another common mistake is to use 'malpractice' outside the realm of professional services. It's specifically tied to professions that have established standards of care, such as medicine, law, or accounting.

Incorrect: The student was accused of academic malpractice for cheating on the exam.

Correct: The lawyer faced a malpractice suit for neglecting their client's case.

§ Mistake 3: Confusing 'Malpractice' with 'Negligence'

While related, 'malpractice' and 'negligence' are not interchangeable, especially in legal contexts. Negligence is a broader term, referring to a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. Malpractice is a specific type of negligence that applies to professionals.

  • Negligence: Can apply to anyone, in any situation, where a lack of reasonable care causes harm.
  • Malpractice: Applies specifically to professionals who fail to meet their professional standard of care, causing harm to a client or patient.

Incorrect: The driver's malpractice caused the accident.

Correct: The medical board investigated the doctor for malpractice following several patient complaints.

§ Mistake 4: Using 'Malpractice' as a Verb

'Malpractice' is a noun. It refers to the act itself. It cannot be used as a verb.

Incorrect: The surgeon malpracticed during the operation.

Correct: The surgeon committed malpractice during the operation.

§ Mistake 5: Not Understanding the 'Harm or Loss' Component

For an action to be considered malpractice, it must result in some form of harm or loss to the patient or client. A professional might make a mistake, but if no damage occurs, it typically wouldn't be classified as malpractice.

Incorrect: The lawyer gave bad advice, but nothing bad happened, so it was still malpractice.

Correct: The financial advisor's reckless advice led to significant financial malpractice and substantial losses for the client.

知っておくべき文法

Nouns can be singular or plural. 'Malpractice' is typically used as an uncountable noun, meaning it doesn't usually have a plural form.

The doctor was accused of malpractice. (Not 'malpractices')

Uncountable nouns like 'malpractice' do not use indefinite articles (a/an) before them.

He committed malpractice. (Not 'a malpractice')

The definite article 'the' can be used with 'malpractice' when referring to a specific instance or type of malpractice.

The malpractice case was widely publicized.

Nouns can act as subjects or objects in a sentence. As a subject, 'malpractice' would be what the sentence is about.

Malpractice can have serious consequences.

Nouns can be modified by adjectives to provide more detail. Adjectives typically come before the noun.

Serious malpractice led to the patient's injury.

レベル別の例文

1

The doctor was accused of malpractice after the surgery.

Doctor did something wrong.

A doctor can be 'accused of malpractice'.

2

She sued her lawyer for malpractice because he made a big mistake.

Lawyer made a bad error.

You can 'sue someone for malpractice'.

3

The hospital is investigating a case of alleged malpractice.

Hospital looking into a mistake.

'Alleged malpractice' means it's claimed but not proven.

4

Malpractice can lead to serious problems for patients.

Bad professional work causes trouble.

Malpractice 'can lead to' negative outcomes.

5

The nurse's actions were considered malpractice.

Nurse's actions were wrong.

Actions can 'be considered malpractice'.

6

He lost his license due to repeated malpractice.

Lost job because of many mistakes.

Malpractice can lead to losing a 'license'.

7

There are laws to protect people from malpractice.

Laws stop bad professional acts.

Laws 'protect people from malpractice'.

8

The court decided it was a case of medical malpractice.

Court said doctor did wrong.

'Medical malpractice' is specific to doctors.

1

The doctor was accused of malpractice after a surgical error.

L'e médecin a été accusé de faute professionnelle après une erreur chirurgicale.

2

She sued her lawyer for malpractice because he missed an important deadline.

Elle a poursuivi son avocat pour faute professionnelle parce qu'il avait manqué une date limite importante.

3

Medical malpractice can lead to serious injury or even death.

La faute professionnelle médicale peut entraîner des blessures graves, voire la mort.

4

The hospital is investigating claims of nursing malpractice.

L'hôpital enquête sur des allégations de faute professionnelle infirmière.

5

He lost his license due to repeated acts of malpractice.

Il a perdu sa licence en raison d'actes répétés de faute professionnelle.

6

The family sought compensation for the malpractice committed by the surgeon.

La famille a demandé une indemnisation pour la faute professionnelle commise par le chirurgien.

7

Preventing malpractice is a high priority for all healthcare providers.

Prévenir la faute professionnelle est une priorité absolue pour tous les prestataires de soins de santé.

8

The legal system has procedures to address professional malpractice.

Le système juridique a des procédures pour traiter la faute professionnelle.

1

The surgeon was sued for malpractice after operating on the wrong knee.

The surgeon was sued for medical negligence.

Here, 'malpractice' refers to medical negligence specifically.

2

The lawyer faced accusations of malpractice for mishandling his client's case.

The lawyer was accused of professional negligence.

In this context, 'malpractice' indicates professional misconduct by a lawyer.

3

To avoid malpractice claims, doctors must always adhere to strict medical guidelines.

To prevent claims of professional negligence, doctors must follow strict rules.

Here, 'malpractice claims' are the legal actions taken against professionals.

4

The hospital implemented new procedures to reduce instances of malpractice.

The hospital introduced new methods to lessen cases of professional error.

'Instances of malpractice' refers to occurrences of professional misconduct.

5

It can be difficult to prove malpractice without clear evidence of negligence.

It's hard to prove professional error without definite proof.

This sentence emphasizes the need for evidence in malpractice cases.

6

The dentist was found guilty of malpractice for causing permanent damage to his patient's teeth.

The dentist was convicted of professional misconduct.

Here, 'guilty of malpractice' means legally responsible for professional negligence.

7

Victims of medical malpractice often seek compensation for their injuries.

People harmed by medical negligence often ask for money for their injuries.

'Victims of medical malpractice' refers to those who have suffered due to a doctor's negligence.

8

The firm has a strong reputation for defending professionals against malpractice lawsuits.

The company is known for defending professionals against lawsuits for professional error.

'Malpractice lawsuits' are the legal proceedings initiated due to professional misconduct.

1

The hospital faced a significant lawsuit alleging medical malpractice after a surgical error left the patient with permanent damage.

The hospital faced a significant lawsuit alleging medical malpractice after a surgical error left the patient with permanent damage.

2

The attorney was disbarred for professional malpractice, having misused client funds and provided negligent legal advice.

The attorney was disbarred for professional malpractice, having misused client funds and provided negligent legal advice.

3

To prove malpractice, the plaintiff's legal team needed to demonstrate a clear breach of professional duty and direct causation of harm.

To prove malpractice, the plaintiff's legal team needed to demonstrate a clear breach of professional duty and direct causation of harm.

4

The insurance company refused to cover the claim, citing a clause that excluded cases of gross professional malpractice.

The insurance company refused to cover the claim, citing a clause that excluded cases of gross professional malpractice.

5

A series of critical misdiagnoses by the physician led to accusations of severe medical malpractice and a thorough investigation.

A series of critical misdiagnoses by the physician led to accusations of severe medical malpractice and a thorough investigation.

6

The new regulations were introduced to reduce instances of malpractice in the financial advisory sector, aiming to protect investors.

The new regulations were introduced to reduce instances of malpractice in the financial advisory sector, aiming to protect investors.

7

Despite the rigorous training, even seasoned professionals can sometimes be accused of malpractice if their judgment deviates significantly from accepted standards.

Despite the rigorous training, even seasoned professionals can sometimes be accused of malpractice if their judgment deviates significantly from accepted standards.

8

The ongoing debate often centers on how to balance the need to hold professionals accountable for malpractice with the risk of creating an overly litigious environment.

The ongoing debate often centers on how to balance the need to hold professionals accountable for malpractice with the risk of creating an overly litigious environment.

類義語

misconduct negligence unprofessionalism dereliction incompetence

反対語

professionalism competence probity

よく使う組み合わせ

medical malpractice
legal malpractice
professional malpractice
allegations of malpractice
claim of malpractice
suit for malpractice
malpractice insurance
gross malpractice
negligent malpractice
malpractice case

ヒント

Understand the Core Meaning

Start by understanding that malpractice is about a professional failing in their duties, causing harm. Think of 'mal' as bad, and 'practice' as their professional work.

Identify Common Professions

Note that malpractice is most often associated with doctors ('medical malpractice') and lawyers ('legal malpractice'). This helps narrow down its usage.

Look for Keywords in the Definition

Pay attention to phrases like 'professional misconduct,' 'unreasonable lack of skill,' and 'failure to follow established standards of care.' These are crucial to defining malpractice.

Don't Confuse with General Mistakes

Remember, malpractice isn't just any mistake. It's a specific type of professional error that leads to harm due to negligence or incompetence, not just an accident.

Use in Sentences

Practice using malpractice in simple sentences, such as: 'The doctor was sued for medical malpractice.' or 'The lawyer's malpractice cost his client a lot of money.'

Relate to Consequences

Associate malpractice with its common consequences: 'harm or loss to a patient or client,' 'lawsuits,' and 'damage to reputation.'

Explore Legal Context

For a deeper understanding, consider that malpractice is a legal term. This means it often involves legal action and established legal standards.

Understand Cultural Nuances

In some cultures, discussing malpractice might be more sensitive, especially when it involves medical professionals. Be mindful of context.

Identify Related Words

Think of words that are related to malpractice, like 'negligence,' 'incompetence,' 'liability,' and 'ethics.' This builds a stronger vocabulary network.

Review Regularly

Revisit the word malpractice and its definition periodically to reinforce your memory and ensure you retain its meaning and usage.

暗記しよう

記憶術

Imagine a doctor performing 'MAL' (bad) 'PRACTICE' on a patient, leading to harm. This helps remember that malpractice is bad professional practice.

視覚的連想

Picture a courtroom scene with a doctor in a witness stand, looking distressed, and a judge's gavel coming down, symbolizing the legal consequences of their 'malpractice'.

Word Web

negligence misconduct professional error medical error legal error

チャレンジ

Think of a hypothetical scenario where malpractice might occur. For example, 'A surgeon leaving a tool inside a patient during an operation could be considered medical malpractice.' Now, try to create your own sentence using the word 'malpractice' in a different context, like legal or financial malpractice.

自分をテスト 36 問

multiple choice A1

A doctor made a big mistake and hurt his patient. This is called ______.

正解! おしい! 正解: malpractice

Malpractice is when a professional, like a doctor, makes a big mistake that harms someone.

multiple choice A1

When a lawyer does something wrong that hurts their client, it is called ______.

正解! おしい! 正解: malpractice

Malpractice can also happen when a lawyer does something wrong that harms their client.

multiple choice A1

Which of these is an example of malpractice?

正解! おしい! 正解: A doctor giving the wrong medicine and making someone sicker.

Giving the wrong medicine is a big mistake that can harm a patient, which is malpractice.

true false A1

Malpractice is when a professional does a good job.

正解! おしい! 正解: 間違い

Malpractice is when a professional does a bad job or makes a mistake that causes harm.

true false A1

If a doctor makes a mistake that hurts a patient, it can be malpractice.

正解! おしい! 正解: 正しい

Yes, a doctor's mistake that harms a patient is an example of malpractice.

true false A1

Malpractice means a lawyer helps their client very well.

正解! おしい! 正解: 間違い

No, malpractice means a lawyer does something wrong that harms their client, not helps them well.

fill blank A2

The lawyer was accused of ______ because he gave bad advice to his client.

正解! おしい! 正解: malpractice

Malpractice is when a professional does something wrong or gives bad advice that causes harm.

fill blank A2

The doctor's ______ led to the patient getting sicker.

正解! おしい! 正解: malpractice

Malpractice here means the doctor made a mistake or did not follow good medical practice, causing harm.

fill blank A2

If a professional does not do their job well and someone gets hurt, it can be called ______.

正解! おしい! 正解: malpractice

Malpractice describes a situation where a professional's bad work causes harm.

fill blank A2

The patient sued the hospital for ______ after a serious mistake was made during surgery.

正解! おしい! 正解: malpractice

A lawsuit for malpractice means someone is claiming professional misconduct or negligence caused harm.

fill blank A2

It is important for professionals to avoid ______ by always following the rules and standards of their job.

正解! おしい! 正解: malpractice

Professionals avoid malpractice by doing their job correctly and following established guidelines.

fill blank A2

The judge said the accountant's actions were ______ because they cost the client a lot of money.

正解! おしい! 正解: malpractice

In this context, malpractice refers to the accountant's professional misconduct that resulted in financial loss for the client.

listening A2

Listen for the word 'malpractice' in the context of a doctor.

正解! おしい! 正解: The doctor was accused of malpractice after the surgery went wrong.
正解! おしい! 正解:
listening A2

Listen for 'malpractice' in relation to a lawyer.

正解! おしい! 正解: The lawyer's malpractice led to his client losing the case.
正解! おしい! 正解:
listening A2

Listen for the general importance of avoiding malpractice.

正解! おしい! 正解: It is important for professionals to avoid malpractice.
正解! おしい! 正解:
speaking A2

Read this aloud:

Can you define malpractice in your own words?

Focus: malpractice

正解! おしい! 正解:
speaking A2

Read this aloud:

Describe a situation where someone might be accused of malpractice.

Focus: accused, malpractice

正解! おしい! 正解:
speaking A2

Read this aloud:

Why is it serious for a professional to commit malpractice?

Focus: serious, professional, commit

正解! おしい! 正解:
multiple choice B1

The lawyer was accused of _______ after mishandling his client's case and losing all their money.

正解! おしい! 正解: malpractice

Malpractice refers to professional misconduct, which fits the scenario of a lawyer mishandling a case.

multiple choice B1

Which of these situations most likely describes medical malpractice?

正解! おしい! 正解: A surgeon leaving a tool inside a patient during an operation.

Leaving a tool inside a patient is a clear example of failing to follow established standards of care, which is malpractice.

multiple choice B1

A patient sued the hospital for _______ claiming they received incorrect treatment.

正解! おしい! 正解: malpractice

Receiving incorrect treatment due to professional misconduct or lack of skill is a form of malpractice.

true false B1

Malpractice can only happen in the medical field.

正解! おしい! 正解: 間違い

Malpractice can occur in any professional field where there are established standards of care, such as law or finance, not just medicine.

true false B1

If a professional makes an honest mistake without causing harm, it is considered malpractice.

正解! おしい! 正解: 間違い

Malpractice typically involves harm or loss resulting from a failure to follow established standards of care, not just any honest mistake.

true false B1

A lawyer who deliberately misleads a client for personal gain could be accused of malpractice.

正解! おしい! 正解: 正しい

Deliberately misleading a client for personal gain is a clear example of professional misconduct, which falls under the definition of malpractice.

listening B1

Listen for the word related to professional misconduct.

正解! おしい! 正解: The doctor was accused of medical malpractice after the surgery went wrong.
正解! おしい! 正解:
listening B1

Focus on the type of professional being mentioned.

正解! おしい! 正解: It's important for lawyers to avoid any actions that could be considered legal malpractice.
正解! おしい! 正解:
listening B1

Listen for the two related terms.

正解! おしい! 正解: The hospital faced a lawsuit due to a serious case of negligence and malpractice.
正解! おしい! 正解:
speaking B1

Read this aloud:

Malpractice can have severe consequences for both professionals and their clients.

Focus: /mælˈpræktɪs/

正解! おしい! 正解:
speaking B1

Read this aloud:

A clear definition of professional standards helps prevent instances of malpractice.

Focus: /prəˈfɛʃənl/

正解! おしい! 正解:
speaking B1

Read this aloud:

To avoid malpractice, professionals must always follow established protocols.

Focus: /ˌprəʊtəˈkɒlz/

正解! おしい! 正解:
sentence order B1

下の単語をタップして文を組み立てよう
正解! おしい! 正解: The doctor was accused of malpractice after a surgical error.

This sentence describes a situation where a medical professional is blamed for a mistake, which aligns with the definition of malpractice.

sentence order B1

下の単語をタップして文を組み立てよう
正解! おしい! 正解: His lawyer's negligence led to a case of legal malpractice.

This sentence illustrates how a lawyer's lack of care can result in legal malpractice, fitting the given definition.

sentence order B1

下の単語をタップして文を組み立てよう
正解! おしい! 正解: The hospital faced a lawsuit for alleged malpractice by its staff.

This sentence shows the consequences of malpractice, where a hospital is sued due to the professional misconduct of its employees.

/ 36 correct

Perfect score!

関連コンテンツ

lawの関連語

bail

A1

Bail is a sum of money paid to a court so that a person who has been accused of a crime can stay out of jail until their trial starts. If the person shows up for their court date, the money is usually returned.

bankruptcy

A1

個人や会社がお金を返せなくなった状態のこと。裁判所が関わって、借金をどうするか決める手続きだよ。

burden of proof

A1

自分の言ったことが真実だと証明する責任のことです。何かを主張する人は、それを証明しなければなりません。

charge

A1

警察や裁判所が、誰かが犯罪を犯したと公式に疑いをかけることだよ。

clause

A1

契約書や法律文書の中の、特定の条件や規則を説明する部分のことを条項といいます。

compensation

A1

損失や怪我、苦痛などに対する埋め合わせとして支払われる金銭のことです。

compliance

A1

Compliance is the act of following a rule, law, or specific order. It is most often used to describe when a person or a company obeys legal requirements or safety standards.

confidentiality

A1

Confidentiality means keeping information secret or private. It is a rule that says you cannot tell other people's secrets to anyone else.

conviction

A1

裁判で有罪だと確定すること。または、固い信念という意味もあるよ。

copyright

A1

作ったもの(本や歌など)を、他の人が勝手にコピーしたり使ったりできないようにする権利のこと。制作者だけが管理できるんだ。

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