Professional malpractice is usually based on the legal theory of negligence, which is determined by a jury. A jury must decide whether or not a professional was responsible for a certain level of care, and if they were, and failed to meet it, with someone suffering because of it, that professional may be liable to be accused of malpractice.
The jury must of course consider the case and the responsibility of the defendant based on the field that they serve in. For instance, an architect would be held to a different type of standard than would a doctor.
There are many types of malpractice. Check out this list below to learn more about what the different kinds mean:
This type of malpractice comes from failing to file documents in a timely manner, unethically representing a client, appropriating client funds, or failing to appear on behalf of a client, or failing to prepare documents well.
This includes prescription errors or something like including wrong dosage or incorrect medications. After all, mistakes of this nature could lead to serious harm and injury to people dependent on medications.
This would encompass the negligence or carelessness in the preparation or review of financial documents, accounts or statements, and most often ends up being a tax issue.
Some examples of architectural or engineering malpractice are design errors that cause the load-bearing capacities of structures to be incorrect.
The most common form of professional malpractice, medical malpractice, includes surgical errors, birth injuries, and prescription mistakes. It can also include failure to diagnose, which can be associated with a serious disease.
If you choose to sue a professional for malpractice, it is very important to hire the right lawyers for such a complex civil litigation. Indeed, it is best to find lawyers who have experience in the field which you are suing in — having a personal bankruptcy or mediation lawyer on an architectural malpractice case probably isn’t the best idea. When it comes to matters of class action and civil rights, which are often wrapped up in malpractice cases, it is best to have a professional present at all times.