Although the term malpractice appears to be most associated with doctors and other medical providers, any other professional provider, including legal professionals, can be subject to a malpractice claim for their failure to provide appropriate services to their clients. As with medical malpractice cases, any professional who fails to provide professional services (e.g. accountants, lawyers, engineers) may be subject to liability.
As long as the offending party meets the definition of professional, they are subject to the standard of care of the same or similar professionals providing such services. Nevertheless, particularly with medical providers, such as doctors, nurses, dentists, hospitals, or surgical centers, certain additional requirements must be met, such as a pre-suit review process, in which the medical provider is placed on notice prior to a lawsuit being filed, as well as certain other procedural and substantive mechanisms (such as a pre-suit affidavit from a medical professional) certifying conduct below the standard of care. Additionally, there are certain additional statutory caps on the recovery of noneconomic (pain and suffering) damages when it comes to these particular types of professionals.
Virtually with all professional negligence malpractice, it will be necessary to obtain an expert in the industry who will provide sworn testimony that the actions of the professional fell below the standard of care in the industry for similarly situated professionals, and that those actions proximately caused the injuries suffered by the claimant. Moreover, when it comes to professional negligence, alacrity must be displayed, in that, for most professional negligence cases, an abbreviated, two-year statute of limitations applies.
If you have a situation concerning professional negligence malpractice cases, contact the experienced legal team at Corless Barfield Trial Group at 877-517-5595.