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Abstract:
Malpractice implies misconduct and refers to a lack of skill or fidelity in the performance of professional duties. Health-care providers are not absolute guarantors of a favorable result; they are merely required to possess and exercise the knowledge and skill necessary to perform their tasks. The buyer of a product may assume liability by failing to exercise recommended precautions or by failing to relay the manufacturer's warning. Hospitals have the duty to furnish adequate equipment for diagnosis and treatment; if proper and safe products and equipment are not provided, the hospital can be found liable.