Professional Malpractice Law
Professionals are experts hired to perform specialized tasks. You hire an architect to design a house. You hire a dentist to care for your teeth. You hire an accountant to handle your company’s financial books. In all these examples, that professional owes you a duty of care.
When professionals breach their duty, and it causes injuries or financial losses, they can be held liable for professional malpractice. You can file a professional malpractice claim to seek financial compensation. For more information about filing a professional malpractice suit, talk to a professional malpractice attorney.
What Is Professional Malpractice and the Standard of Care?
Professionals owe customers like you a duty of care. Professional responsibilities include following the established standards of the profession. For example, a pharmacist follows the medical standards of care for patients in a given situation. When they don’t follow the standards of care, and it causes you harm, they are responsible.
When an architect does not comply with local building code regulations, the property owner has to bring it up to code. This is expensive. A certified public accountant who makes errors on a business tax return can be liable for tax penalties and other losses. In these situations, you could file a professional malpractice claim to recover the additional money.
The standard of care depends on each specific profession. This is generally based on the education, experience, and skill required of each profession. Different states may also have different professional requirements and ethical standards.
What Is Professional Negligence?
Almost all professional malpractice cases involve negligence. Negligence refers to a breach of the duty of care that causes harm or injury. One of the most common types of negligence claims involves car accidents. Drivers are liable to others on the road for injuries caused by failing to drive responsibly.
Professionals owe a higher duty of care to their customers. Once you establish the standard of care for a profession, you can show the professional’s actions or inactions fell short and caused you harm. You can show negligence by proving a different professional in the same situation would have not made the same mistakes.
In a lawsuit, an expert witness in the same field can explain how the professional you hired failed to live up to established professional standards and caused you injuries or financial harm.
How Do You Prove Damages in a Professional Malpractice Case?
A key component of a professional malpractice law is damages. Damages include losses related to physical, mental, or financial harm that you suffer as a result of your hired professional’s negligence. Examples of damages in a professional malpractice claim include:
- Hospital expenses because of a doctor’s medical error or a pharmacist filling the wrong prescription
- Mental distress because of a botched cosmetic surgery
- Construction costs from a remodel after a negligent home design
- Attorney fees after an accountant’s errors resulted in an audit
- The cost of replacement fillings after inadequate dental work
Who Can You Sue for Professional Malpractice?
Many professional occupations have a duty to their customers or clients. You can file a professional malpractice claim against various professionals, including:
- Architects
- Pharmacists
- Contractors
- Stockbrokers
- Morticians
- Accountants
- Real estate agents
- Lawyers
Medical Malpractice Cases
The most common type of professional malpractice claim involves medical malpractice. You can file a medical malpractice action against doctors and other health care professionals. Doctors owe a duty of care to patients. Medical malpractice claims often involve surgical mistakes, misdiagnoses, or medication errors.
Other health care professionals also owe a duty to patients, including:
- Dentists
- Nurses
- Pharmacists
- Chiropractors
- Therapists
Doctors and health care providers generally carry medical malpractice insurance. Malpractice insurance covers claims for violating professional standards and injuring patients.
Professional Malpractice Involving Legal Services
Even lawyers can face professional malpractice lawsuits. Legal malpractice cases involve legal professionals who violate their duty to their clients. You can file a malpractice lawsuit for damages caused by your attorney’s negligence. Types of legal malpractice claims include:
- Breach of fiduciary duty
- Failure to file a legal action within the statute of limitations
- Conflicts of interest
- Violating the rules of professional conduct
- Giving improper legal advice
For legal representation against your former attorney, contact a legal malpractice lawyer.
When Can You File a Professional Malpractice Claim?
Contact a professional malpractice lawyer if you have questions about filing a lawsuit for professional malpractice. When you hire a professional, you expect a certain level of professionalism. When they fail to live up to the standards of their profession, and you suffer harm or lose money, they are responsible. A professional malpractice claim is a way to hold them liable for their actions. It can also send a message that professionals need to take their role seriously.