Professional Negligence
Accountability for Professional Malpractice
We all depend to some extent on people who are professionals licensed to provide specialized services. Everyone hires a professional at some point. We count on doctors, lawyers, accountants, insurance brokers, architects and engineers to give us the services and information we need. All professionals are required to meet minimum standards of their profession. You have the right to expect the services you hire and the products you purchase to help you, not harm you.
It happens. Each year, professionals from every field make errors that adversely affect client’s personal and financial well-being. Even highly talented and competent professionals make egregious errors in judgment. Responsible professionals maintain business insurance coverage for exactly these reasons, and the law protects innocent clients who suffer the consequences of professional negligence.
Under the law, people harmed by professional negligence are entitled to seek recovery for their losses. A professional negligence claim can provide compensation for the harm that can be proven, protect the future of all parties involved, and bring closure to an unfortunate situation.
To establish professional negligence, we must prove:
- There was a duty of care owed by the professional;
- The professional breached his or her duty of care; and
- The person has suffered an injury or damage from the breach of professional duty.
The mere fact of bad service, or an error committed by a paid professional, will not always constitute negligence. You will need to demonstrate that the services provided by the professional fell below the standards of a reasonably competent professional, having regard to the standards normally expected. Expert testimony as to the standard of care is most often needed.
Types of Malpractice include:
- Accounting Malpractice – When a business or private individual appoints an accountant, they trust that they will make sure invoices and taxes are paid on time, profitability is evaluated and growth is managed. However, when an accountant provides incorrect tax advice or property valuation, fails to prepare accounting documents, or misses an important filing deadline, your business can suffer an unnecessary financial loss.
- Construction Malpractice - If an architect makes a mistake or provides a bad service, rectifying their work can be very expensive and time-consuming. We work with experts to prove construction defects that are the result of engineer and/or architect professional negligence.
- Insurance Malpractice - Insurance brokers are anxious to sell policies and get the premiums, but in some cases they simply don't do the work necessary to assure the policy covers what they said it would. The insured person who thought they had paid for a little security, then finds out the insurance coverage was misrepresented and it is not there when they need it most, We will pursue valid claims for bad faith insurance practices and misselling of insurance products.
- Legal Malpractice - Attorneys are not immune. They must exercise responsibility in their profession. When a lawyer fails to meet a deadline, files legal documents late, entirely misses the statute of limitations, or otherwise causes the client to lose rights because of statutes of limitation, legal malpractice might have occurred.
- Medical Malpractice - The most common type of professional negligence, by far, involves the medical and health care industry. Our law firm also handles complex child injury cases, overprescription, and medical malpractice cases, including hospital staff or administration negligence, improper diagnosis, medication errors, failure to obtain the patient's informed consent, performing treatments or surgeries incorrectly, and nursing home or elder abuse.
Experienced Professional Negligence Lawyers
We know the law, how to value your losses, believe negligent parties that must be held accountable, work hard to protect you from insurance companies, and protect you from others who may try to bully you. If you think you have a case for professional negligence, the next step is to seek legal advice over what has happened.
Sweetser Law Office provides an obligation-free case review and will advise you on the viability of your claim and the options available. Contact us today.
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