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MALA PRAXIS
(bouvier) | MALA PRAXIS, crim. law. A Latin expression, to signify bad or unskillful
practice in a physician or other professional person, as a midwife, whereby
the health of the patient is injured.
2. This offence is a misdemeanor (whether it be occasioned by curiosity
and experiment or neglect) because, it breaks the trust which the patient
has put in the physician, and tends directly to his destruction. 1 Lord
Raym. 213. See forms of indictment for mala praxis, 3 Chitty Crim. Law, 863;
4 Wentw. 360; Vet. Int. 231; Trem. 242. Vide also, 2 Russ. on Cr. 288; 1
Chit. Pr. 43; Com. Dig. Physician; Vin. Ab. Physician.
3. There are three kinds of mal practice. 1. Willful mal practice, which
takes place when the physician purposely administers medicines or performs
an operation which he knows and expects will result in danger or death to
the individual under his care; as, in the case of criminal abortion.
4.-2. Negligent mal practice, which comprehends those cases where
there is no criminal or dishonest object, but gross negligence of that
attention which the situation of the patient requires: as if a physician
should administer medicines while in a state of intoxication, from which
injury would arise to his patient.
5.-3. Ignorant mal practice, which is the administration of
medicines, calculated to do injury, which do harm, and which a well educated
and scientific medical man would know were not proper in the case. Besides
the public remedy for mal practice, in many cases the party injured may
bring a civil action. 5 Day's R. 260; 9 Conn. 209. See M. & Rob. 107; 1
Saund. 312, n. 2; l Ld. Raym. 213; 1 Briand, Med. Leg. 50; 8 Watts, 355; 9
Conn. 209.
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