Claims of professional malpractice can be levied against an array of professionals, not just professionals in the medical field. While many malpractice suits are filed against doctors, nurses and other medical personnel, malpractice is not limited to just the medical profession. Accountants, financial planners, architects, and yes, even attorneys, can be held accountable if they fall short in their duty to provide a standard of care for their clients and the client is harmed because of their incompetence or negligence.
Professionals generally have advanced degrees or training that is specific to the fields in which they provide their services. As such, when you hire a professional to perform a service for you—from amending your tax return to representing you in probate court—you expect that the professional will provide the best possible standard of care and do the job right. Careless or reckless actions and negligence that lead to a loss on your behalf, even if it is a monetary loss, puts the professional you hired at risk of being sued for professional malpractice. Our professional malpractice attorney has represented many clients who were wronged by professionals, helping them recoup their losses and receive compensation for their damages.
Any person offering professional services can be subject to a claim of professional malpractice. Some of the most typical cases of this type are outlined below.
Medical malpractice occurs due to professional negligence, omission or acts that cause patient harm. Diagnostic errors, failure to diagnose, unnecessary surgeries, and administration of medicine resulting in adverse reactions account for a large number of medical malpractice actions.
Although attorneys practice the law, they are not immune from its reach. When negligence or breach of contract causes harm to a client, the attorney in question may be faced with a malpractice claim. This sometimes happens when a lawyer acts in his or her own interests instead of the best interest of the client or when the lawyer does not follow through on a written, legal agreement. For example, a breach of duty occurs if an attorney misses an important filing deadline for documents that can affect a case’s outcome.
Financial professionals—including financial planners, stockbrokers, investment strategists, and fund managers, among others—have a standard of care that they are legally bound to meet when dealing with their clients. When someone entrusts them with money or property, it creates what is known as a fiduciary responsibility. If the professional commits theft or fraud, charges exorbitant fees, fails to execute transactions or stock trades as specified by the client, or gives substandard financial advice, he or she faces malpractice claims. While some instances of financial malpractice are considered criminal activity, those victimized by financial professionals also have a right to sue for damages in civil court via a professional malpractice claim.
If you entrusted a professional with your care or contracted with a professional to act on your behalf in a financial or legal matter and their negligent actions resulted in harm to you, then you may have grounds for a claim. Contact our Doylestown professional malpractice attorney now for your free consultation and to review the facts in your particular case.