Other Professional Malpractice

What is it?
Professional malpractice is misconduct, carelessness, or failure to use adequate levels of care by a professional that has caused injury, harm, or damage to another party. A professional, as used described here, can be anyone other than a doctor, nurse, dentist, chiropractor, psychologist, psychiatrist, or lawyer.

What is the “standard of care?”
All professionals are held accountable in malpractice cases to the “standard of care,” which simply means that they must act manner that is consistent with that of a normal professional. The following is are some of the common claims that may be filed against a professional:
  • Omissions – ie: A real estate agent does not tell a buyer about the defects in a house for sale
  • Errors – ie: A plumber does not properly seal a pipe and causes a flood in a basement
All situations are unique, however, if it the negligence can be proved to be intentional professional may be subject to a substantial settlement or judgment.

Who can be held liable?
  • The professional
  • Their business insurance company
  • The organization that the professional works for
  • If the malpractice occurred as a result of someone working for the professional, the professional may still be held liable
In all medical malpractice matters it is recommended that you seek professional legal assistance to protect your interests. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed.