Malpractice Attorneys in Ft Lauderdale, Florida and Atlanta, Georgia
4 Forms of Malpractice You Need to Know About
When we hear the word "malpractice," our reflex is to imagine medical malpractice. However, in any industry, accusations of malpractice and misconduct can damage a company's bottom line and reputation.
Malpractice involves anything that can damage or harm someone or their business. When it comes to the law, malpractice can be situations where things go very wrong and can be classified as unethical. If you oversee an employee or a business, make sure your policies and practices comply with the law. Four common forms of malpractice can present a severe problem for any company or one of its staff members.
1. Professional Malpractice
Professional malpractice refers to the negligence or incompetence of someone working in a professional capacity that causes injury or other harm to a customer or a client. Professional misconduct can take many various forms.
The following are some examples of industry professionals that can be charged with malpractice:
- Architects and engineers
- Clergy members
- Hospital employees
In short, wherever a professional or authorized expert is involved in harming a patient or client, malpractice can be charged. In some cases, such as when a hospital is sued for medical negligence, entire groups or organizations may be held accountable for misconduct.
To establish malpractice, the plaintiff must show that the professional did not exercise the amount of care that a reasonable and sensible person would have exercised in identical circumstances. It must also be established that this failure was a direct cause of harm. In situations involving a specific profession, however, the practices of that field are applied to establish the standard of care.
Professional malpractice lawsuits can be challenging to navigate at times. This is because each profession may have its own set of standards of care that are unique to the trade. In addition, malpractice laws differ from one jurisdiction to the next. An experienced malpractice law attorney can help anyone involved in a professional malpractice suit sort through the facts.
2. Legal Malpractice
Attorneys are bound by many standards governing their professional behavior. Many of the regulations are related to an attorney's responsibility to work in the client's best interests. A client who is harmed by an attorney's acts may be entitled to sue for legal malpractice if the practitioner violates a professional standard.
Some examples include:
- Accepting a settlement without the client's knowledge
- Misusing a client's funds
- Providing legal work that is below professional standards
- Violating a client's confidentiality
- Lying to a client or judge
If you suspect you have a malpractice case, you should speak with an experienced attorney. Legal malpractice victims frequently hesitate to contact a new attorney to file a malpractice claim. But failure to act may result in a double loss because your primary case may have suffered while the negligence is unresolved. Law firms accused of malpractice can seek the services of experienced colleagues who may serve as advisors in the case.
3. Medical Malpractice
When a patient is hurt due to medical misconduct, it is called medical malpractice. The harm may be caused due to the failure of a doctor, another medical professional, or healthcare organization to uphold the standard of care during diagnosis or treatment.
A patient's right to sue a negligent medical professional is protected by medical malpractice legislation. It enables people to seek redress for the losses incurred due to their reckless behavior. When a doctor's and their nurse's (or other medical personnel's) joint negligence caused a patient's injury, medical malpractice culpability might be divided. If, for example, incorrect instructions were given or one medical professional neglected to correct the other, both parties might be held accountable for their errors.
Additionally, in rare cases, the organization (for example, a hospital) can be held accountable for medical negligence. This is especially true when a medical organization's general policy or patient care quality falls short of the required level of care.
Medical malpractice cases commonly involve the following:
- Diagnosing a patient incorrectly
- Prescribing the incorrect medicine or therapy
- Performing surgery on the incorrect bodily part
- Failure to follow up after major surgery
- Leaving medical equipment (e.g., tools or sponges) inside a patient during a surgery
- Prematurely dismissing a patient before they have healed sufficiently
- Not giving information or obtaining informed permission before a patient underwent surgery
- Entering incorrect data into a patient's medical file, resulting in injury
Medical malpractice cases can include catastrophic injuries that leave patients physically, emotionally, and financially exhausted. Many of these situations include complicated laws and conflicting standards.
A malpractice law attorney can help assess sufficient evidence to support a claim, ensure that the case is filed within the statute of limitations, and provide defense in court if required. A malpractice law attorney can defend you if you are a doctor who has been accused of wrongdoing.
4. Dental Malpractice
When a dentist violates the standards of professional responsibility that apply to dentists, this is known as dental malpractice. Dentists, for example, must be qualified and adhere to stringent norms of hygiene, safety, and accuracy when treating patients. Dental negligence can cause a client substantial damage or financial loss, especially if the injury causes a long-term ailment.
Dental malpractice can take several forms, including:
- Failure to warn a patient about possible dangers and outcomes of operations
- Performing the incorrect procedure
- Equipment mishandling
- Using misleading or fraudulent business methods
- Dental malpractice is a serious offense that can result in monetary damages, as well as the loss or suspension of a dentist's license.
Dental malpractice, in general, refers to activities taken by licensed dentists. Other parties, including clerks, receptionists, and even insurance companies, may be involved in a malpractice lawsuit. A file clerk, for example, might be found jointly accountable for harm if they willfully mismanaged the patient's files.
Many complicated stages are involved in filing a dental malpractice claim. If you need assistance filing a claim or obtaining damages, you should consult a personal injury lawyer. Your lawyer can represent you and help you through the legal procedure. In addition, your lawyer will be able to answer any questions or concerns you may have about a case.
The Impact of Malpractice Claims
Litigation arising from medical malpractice can be extremely stressful. Physicians' treatment methods may alter due to the psychological impact of a malpractice claim, which may include defensive medicine. Of course, society suffers because of this. The same can be said for professionals in any capacity who are concerned about malpractice charges being brought against them.
News or suspicions of malpractice at a medical office or hospital may cause potential patients to hesitate to seek treatment. Patients or clients may be frightened by malpractice rumors, which might jeopardize their relationship with their providers. Malpractice lawsuits may influence costs of services, causing them to rise. Experienced legal counsel can assist you in navigating the complexities of malpractice litigation.
Medical, professional, legal, and dental malpractice difficulties and other complicated and specific health care legal matters are handled by experienced health care lawyers. Malpractice law attorneys stay up to date on the laws and standards to help patients, providers, and professionals in various fields maintain peace of mind when malpractice issues arise.
Patients' rights are also safeguarded thanks to the collaboration of knowledgeable attorneys with medical experts and patients.
The attorneys at Hunker Paxton have experience doing the heavy legal lifting when the stakes are so high. Contact us at 877-841-8808 if you have any inquiries concerning malpractice law. Hunker Paxton serves clients throughout Florida and Georgia as well as other states, including Atlanta, Tallahassee, Jacksonville, Orlando, Tampa, Fort Lauderdale, Boca Raton, Weston, Coral Springs, Hollywood, Miami, West Palm Beach, and surrounding Florida communities.
Get in Touch
Call us now for a consultation and let us help you find the right path in your case.