What Is Educational Malpractice?

Most people are familiar with the word malpractice. It’s generally associated with doctors and refers to a physician making a mistake in diagnosing or treating a medical problem. The doctor can then be sued by the patient for damages. Some people may also realize that lawyers can also be held liable for malpractice. Less commonly known, teachers, educators, and scholastic institutions are occasionally the victims of malpractice suits.

Malpractice in Education

In any field where a certified expert makes a mistake when dealing with a client or patient, a lawsuit may be filed. Educational malpractice occurs when a student or parent of a student feels that a teacher or school was negligent in providing the education promised. It can be a very difficult case to win. The plaintiff must prove that there was negligence on the part of the educator that caused damage of some kind to the student due to a lack of education to a reasonable standard. Poor grades or failing a course could be due to a lack of motivation on the student’s part and may have nothing to do with the teacher.

Suing educators for malpractice are not easy cases to win, but they do happen from time to time. Anyone in education should be aware of the possibilities and prepared to combat them should they occur.