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
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.
- We know how to value your losses.
negligent parties must be held accountable.
- We work hard to protect you from insurance companies and 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 consultation and will advise you on the viability of your claim and the options available.