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If you have suffered some kind of harm as the result of negligence or misconduct
by a professional such as a doctor, dentist, lawyer or accountant, you may wish to sue them under the definition of malpractice.
Malpractice is the failure to meet a standard of care or standard of conduct that is recognized by a profession. Under negligence law, a person must violate a reasonable standard of care. For example, in a medical situation, if a surgeon leaves a surgical tool inside a patient, the surgeons carelessness violates a basic standard of care. Another example of negligence might be when an anesthetist gives the wrong dose of an anesthetic. If the patient is harmed as a result, there could be a case for a malpractice suit. But if the patient was fine and did not suffer from the mistake at all, then it would not be possible to claim compensation for malpractice.
Keep in mind, however, that harm does not have to be physical. In this example, if the patient could be shown to have suffered serious anxiety about possible future consequences of the anesthetist's mistake, there may be enough of an injury to warrant a malpractice claim.
The law on malpractice can be complex. It may even be different according to your state or jurisdiction. You can take a look around the internet to find a malpractice definition and decide if it might be worth taking your case further, but after that you will need a lawyer.
Professional negligence is another often used term for malpractice. This can happen in a situation where a professional person has a responsibility to act in a certain way but does not do so, resulting in harm to a person to whom they had a duty of care. Usually it would have to be shown that they failed to act in accordance with the professional standards set down by their industry.
Taking a legal case, a lawyer has a responsibility to his or her client to act in their interests according to the standards of the bar association or other body. If your lawyer was negligent and you lost your case as a result, you might be able to sue for malpractice. But if your lawyer did all that they should do and you lost the case anyway, there is not a case to sue for malpractice; one side always has to lose.
If you feel that your case deserves a closer look and you might be able to win compensation, you will want to consult with a law firm that specializes in personal injury cases. Usually they will offer you a free consultation so you have nothing to lose by going to see them.
Most malpractice cases are settled out of court, but if you decide to go ahead with a claim then you should be prepared to go to court if necessary. Your lawyer will advise you about this.
You should take along any relevant papers to the consultation, such as your case file if you have a copy of it, any letters or emails that you sent or received, and evidence of the damage or harm that you have suffered. They will help you understand the malpractice definition for your situation and tell you whether they think it is worth pursuing your case.
The bottom line is that if you have suffered harm as a result of the actions of a professional person, it is probably worth consulting with a lawyer to see if you have a case under the malpractice definition in your state or country.
Damages may be economic or non-economic in nature. Economic damages are "out of pocket" expenses, such as medical bills from treatment required to remedy a doctor's error, or lost wages due to time lost from work due to the injury. Non-economic damages are typically described as "pain and suffering", and may include emotional pain and distress. Additionally, depending upon state law, punitive damages may be available.
by: Arthur
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