Malpractice law concerns professionals who have been accused of negligence, misconduct, lack of ordinary skill or a breach of duty in the performance of a professional service resulting in injury or loss.
When you hire a professional, they are obligated to render "competent" service. Competent service is usually measured by the level of service an "average" professional in the industry would render. If the service provider you hired fails to render that level of service, and you suffer as a result, then that professional may be liable for malpractice.
For example, a malpractice claim will question the standard of care rendered by a physician, dentist, optometrist, chiropractor or an employee of a hospital. Issues could include:
- Did the medical professional fail to diagnose or misdiagnose the patient’s condition resulting in injuries?
- Did the surgeon perform a procedure improperly resulting in injury to the patient?
- Did the nursing staff follow orders issued by the physician?
WHO CAN COMMIT MALPRACTICE?
Professionals usually can only be liable for malpractice if some governing body regulates the professionals in their industry. For example, lawyers are regulated by the Bar Association for their state, and can be liable for malpractice if they fall below professional standards. Professionals that can be liable for malpractice include:
- Dentists, Orthodontists and Periodontists
- Veterinarians
- Therapists
- Acupuncturists
- Physicians
- Attorneys
PROOF OF MALPRACTICE
The necessary level of proof is different for each profession, but generally malpractice can be proven by showing that:
- Your professional did not render competent service and
- You suffered damages as a result, or
- They breached the contract you had with them
- They put his or her own interests before yours
An attorney practicing in this area must understand not only legal principles, but also must be knowledgeable as to the appropriate standard of care to be exercised in a variety of health care professions and settings. Their task will be to simplify and focus the issues, and to make a case involving complex medical facts, issues and analysis as simple and straightforward as possible.
If you are a victim of malpractice and wish to recover damages, you probably have to go to court. The laws of malpractice are complex and vary from state to state and from profession to profession. A lawyer can tell you exactly what your professional was obligated to do for you, and whether the professional committed malpractice.
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