Educational Malpractice

Educational malpractice is a tort cause of action. Essentially, a claim of educational malpractice asserts that educational institutions and their employees breached their duty to educate plaintiffs adequately. Although educational malpractice has been the subject of much scholarly commentary (see, for example, DeMitchell & DeMitchell, 2003), it has been almost universally rejected by the judiciary. As one federal court observed, the theory is “beloved by commentators, but not the courts” (Ross v. Creighton University, 1990, p. 1327). On the whole, courts have rejected causes of action for educational malpractice against colleges and universities. However, courts have recognized charges of breach of contract against educational institutions when plaintiffs demonstrate that educational institutions failed to carry out specific promises. In light of the legal concerns arising under ...