People who claim to be professionals possess expert knowledge or specialized skills in a particular field. Licensed professionals have special responsibilities towards their clients. If a professional violates their duty of care by harming a patient or client, they can be held responsible for their actions.
An example of malpractice is failing to provide the standard of care in one’s field of expertise, making harmful errors due to negligence, or engaging in intentional conduct that causes harm to the patients or clients. It is possible to commit malpractice in a variety of professional fields. Examples include:
- Medical malpractice
- Engineering malpractice
- Attorney malpractice
- Architect malpractice
- Therapist malpractice
How Do Malpractices Occur?
There is one important point to understand: not every mistake or adverse outcome constitutes malpractice. A doctor or attorney cannot guarantee a specific result for their patients or clients. An attorney or doctor cannot be held liable for malpractice if an outcome is less than favorable. A malpractice lawyer at Hunkers Appeal can help you determine whether you have a valid claim for malpractice.
How Can Malpractice Be Proven?
Negligence is often used to prosecute professional malpractice. To prove negligence, a plaintiff must prove that a defendant failed to act under similar circumstances with the same care as a prudent person would have acted.
If the case involves certain professions, the standard of care is set based on the customs of that profession instead. Therefore, plaintiffs must demonstrate that the defendant failed to exercise the skill and knowledge that would be associated with members of a profession of average skill and that their injuries resulted from such a failure. In most cases, they require expert testimony to establish what makes up a reasonable level of care in the profession.
What Are the Recovery Options in Malpractice Cases?
There are typically two types of compensation in professional malpractice cases: economic damages and non-economic damages:
Economic damage. This type of damage is also known as specific or special damages Plaintiffs receiving economic damages are compensated for actual monetary loss. It includes the cost of lost wages, medical bills, and diminished future earning capacity.
Noneconomic. Unlike economic damages, non-economic damages compensate the injured party for the injury itself, and they are more difficult to quantify. If any disfigurement, disability, or limitations result from the injury, the jury must assign a monetary value to that.
Sometimes malpractice claims are complicated due to different standards of care that may apply depending on the type of profession. Malpractice laws may vary based on your jurisdiction. If you wish to file a lawsuit for professional malpractice, you may speak with an attorney first.
Many professionals go to great lengths to avoid responsibility for their mistakes or wrongdoings. Insurance companies and defense attorneys may use a variety of tactics to delay proceedings, confuse issues, and assign blame.
Why Hire Hunker Appeals
Besides representing clients before state and federal courts, we have also handled appeals. We also assist our professional clients in negotiating and mediating settlements. We frequently serve as expert witnesses in cases involving standards of care, breaches of fiduciary duty, and the fairness of fees. If you live in Fort Lauderdale, Boca Raton, Weston, Miami, West Palm Beach, or one of the other surrounding Florida communities and need an appeals attorney, Hunker Appeals is here to provide a smooth path through the appeals process.
Call or email Hunker Appeals now to set up a consultation.
Hunker Appeals, 110 Southeast 6th Street, Suite 2330, Fort Lauderdale, FL 33301 877-841-8808.
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