Professional Malpractice
Wherase medical malpractice is negligence committed
by a professional health care provider, professional malpractice
is negligent practices by a professional such as a lawyer or other
skilled person practicing in a given field.
What about malpractice actions against professionals
such as lawyers? I recently hired a lawyer seemed inexperienced
and was unhappy with the outcome of the case.
Like doctors, lawyers and other professionals must possess and apply
the knowledge and the skills of other reasonably well qualified
professionals. Not only must they exercise reasonable care in handling
your case, they also must possess a minimum degree of special knowledge
and ability. That means that they will be liable to you if their
skills do not meet the accepted standard of practice. You must also
prove that the case your lawyer mishandled was likely to succeed.
Lawyer malpractice usually results in property damage only. You
cannot recover for the emotional distress of hiring a negligent
lawyer. In your case, you may have a malpractice action against
the attorney if he or she was negligent in representing you. You'll
have to show more than dissatisfaction with the outcome of the case.
Did he or she fail to meet a deadline for filing for a court proceeding?
Were all the crucial legal elements of the case fully explored?
If you are unsure about a basis for a malpractice case, check with
the state agency that regulates lawyers in your state. Your state
bar association will be able to tell you the name of the agency
is. |
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