In the law of torts, malpractice, also known as [professional negligence](https://bliptext.com/articles/[professional](https://bliptext.com/articles/professional)-[negligence](https://bliptext.com/articles/negligence)), is an "instance of negligence or incompetence on the part of a professional". Professionals who may become the subject of malpractice actions include:

Proof of malpractice

Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice. For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer. To succeed in a malpractice action under typical malpractice law, the person making a malpractice claim must prove that the professional committed an act of culpable negligence and that the person suffered an injury due to the professional's error.

Medical malpractice

Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions. In Australia, medical malpractice and the rise in claims against individual and institutional providers have led to the evolution of patient advocates.