What types of cases do Malpractice lawyers handle?
As a malpractice lawyer, the types of cases handled typically involve legal claims arising from professional negligence committed by doctors, lawyers, accountants, engineers, or other professionals. The cases often involve allegations that the professional failed to provide a reasonable standard of care, acted in a manner that was reckless, ignored or misdiagnosed symptoms, or failed to follow relevant protocols.
There are different types of malpractice claims, and the specific types of cases handled by malpractice lawyers depend on the jurisdiction and the particular area of expertise of the lawyer. Some common examples of malpractice claims include:
- Medical malpractice: This type of malpractice involves claims against healthcare professionals, such as doctors, nurses, and pharmacists. Examples of medical malpractice include surgical errors, misdiagnosis, birth injuries, medication errors, and failure to diagnose a condition.
- Legal malpractice: Legal malpractice occurs when a lawyer fails to provide quality legal representation. Examples of legal malpractice include missing a deadline, giving incorrect advice, or failing to properly communicate with the client.
- Accounting malpractice: This type of malpractice involves claims against accountants, such as failure to provide adequate financial advice, misrepresenting financial statements, and failing to follow tax laws.
- Engineering malpractice: This type of malpractice includes claims against engineers who fail to provide adequate design, construction or inspection services. Examples of engineering malpractice include building collapses, bridge collapses or unsafe road conditions.
In general, malpractice claims require the plaintiff to prove that the professional had a duty to provide a certain standard of care, that the professional breached that duty, and that the breach caused harm to the plaintiff. Malpractice lawyers use expert witnesses to help establish the standard of care, breach of that standard of care, and the harm experienced by the plaintiff. Malpractice claims typically require expert medical testimony and high degree of expert proof.
It is important to note that the requirements for proving a malpractice claim can differ from jurisdiction to jurisdiction, and that the statute of limitations may be strict. It is recommended that individuals seeking legal advice about a potential malpractice claim speak with a licensed attorney who is knowledgeable about malpractice claims in the relevant jurisdiction.