MALA PRAXIS (Lat.). Bad or unskil ful practice in a physician or other professional person, whereby the health of the patient is injured.
Wilful nzal-practice takes place when the physician purposely administers medicines or performs an operation which he knows and expects will result in damage or death to the individual under his care : as in the case of criminal abortion. Elwell, Mal-Pract. 243 et seg.; 2 Barb. N. Y. 216.
Negligent mal-practice 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.
Ignorant mal-practice 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. Elwell, Mal-Pract. 198 et seq.; 7 Barnew. & C. 493, 497: 6 Bingh. 440 ; 6 Mass. 134; 5 Carr. & P. 333 ; 1 Mood. & R. 405 ; 5 Cox, Cr. Cas. 587.
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 Ld. Raym. 213. See 3 Chitty, Crim. Law, 863; 4 Went worth, Plead. 360; nussell, Orinzes, Greaves ed. 277 ; 1 Ckitty, Pract. 43 ; 6 Mass. 134 ; 8 Mo. 561 ; 'nun & P. 629 ; 4 id. 423.
Besides the public remedy for mal-practice, in many cases the party injured may bring a civil action. 5 Day, Conn. 260 ; 9 Conn. 209;
3 Watts, Penn. 355 ; 7 N. Y. 397.
3. Civil cases of mal-practice are of very frequent occurrence on those occasions where surgical operations are rendered necessary, or supposed to be so, by disease or injury, and are so performed as either to shorten a limb or render it stiff, or otherwise prevent the free, natural use of it, by which the party ever after suffers damages. This may em brace almost every kind of surgical opera tion ; but nine-tenths of all such cases arise from amputations, fractures, or dislocations. Elwell, Mal-Pract. 55.
4. To the performance of all surgical ope rations the surgeon is bound to bring at least ordinary skill and knowledge. He must apply without mistake what is settled in his profession. He must possess and practically exercise that degree and amount of know ledge and science which the leading authori ties have pronounced as the result of their researches and experience up to the time, or within a reasonable time before the issue or question to be determined is made. Elwell, Mal-Pract. 55. Many cases, both English and American, have occurred, illustrating the nature and extent of this liability. 8 East, 347 ; 2 Wils. 259 ; 1 H. Blackst. 61; Wright. Ohio, 4665 22 Penn. St. 261 ; 27 N. H. 460 13 B. Maur. Ky. 219.