Malpractice can be claimed as a basis for legal action outside of the most common, best known specific context of medical malpractice suits. As such, malpractice is sometimes charged against banks. The defendants to be named in financial malpractice suits would specifically be the accountants or auditors claimed to be responsible for financial impropriety.
Financial malpractice has sometimes been claimed in the context of widespread scandals over banking improprieties and irregularities, such as that which concerned the collapse of Enron. In general, malpractice suits are pressed in order to make the claim of negligence on the part of a defendant. As such, malpractice can be claimed against people who had the “duty to act” in some way which they failed to carry out. Moreover, this omission of action must be established as the cause of action’s proximate cause.