subject: Malpractice Lawyers Specialize In The Various Types Of Malpractice [print this page] Malpractice is a special type of legal negligence which takes place when certain types of professionals have a specific duty to act, they fail to act in accordance with generally accepted standards in their particular profession and/or specialty and this breach of their duty to act according to those standards is the "proximate cause" of harm or injury to the plaintiff, usually the professional's client or patient, depending on the particular profession. This failure to follow a particular standard of care has created a specialized field of law from which has grown a large group of malpractice lawyers.
The laws concerning the area of malpractice have been developed to attempt to avoid unsafe practices in the medical and dental professions and protect legal rights from being extinguished by incompetent legal representation. There are many different types of malpractice for which there are a large number of specialized malpractice lawyers. The main areas of malpractice include medical malpractice, dental malpractice and legal malpractice. In medical and dental malpractice, there is a standard of care to be followed in carrying out medical and dental procedures, respectively, the negligent failure of which may result in injury to patients, thereby resulting in a malpractice claim. With respect to legal malpractice, there are certain standards of legal representation, which a lawyer must follow in his representation of clients. When he negligently breaches his duty by failing to follow those standards, which, as a result, causes some sort of damage to his client, he has given rise to a claim of legal malpractice.
The job of malpractice lawyers is to seek compensation for the injuries caused to victims of medical and dental malpractice, which include damages for emotional distress and loss of quality of life, as just a couple examples. In legal malpractice claims, the job of the malpractice lawyer is to obtain compensation to the wronged client as a result of the original lawyer's failure to properly prosecute the original claim. In essence, this type of claim provides the victim client the damages he/she would have received had the original claim proceeded to a full and proper resolution and all of the costs associated with pursuing this action against the former attorney. However, if the client would not have recovered in the original lawsuit, he/she will not succeed in a malpractice claim.
It is important to understand that not every act by a medical, dental, or legal professional qualifies as a valid malpractice claim. Certain acts may result in some sort of harm, but if they do not rise to the level of violating a recognized standard of care, then they will not be deemed to be acts of malpractice. malpractice lawyers are experienced and knowledgeable in identifying what may and may not rise to that level and also engage the services of forensic experts to examine each case and make such a determination.
by: Sunil Punjabi
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