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Professional Malpractice Claims

Monday, 23 January 2012 16:24 Last Updated on Monday, 06 February 2012 22:53 0 Comments

RokTab Image Professional Malpractice Claims

Non-medical professionals like architects, lawyers, insurance brokers, and other licensed individuals can be subjected to professional malpractice claims when their lack of due care (negligence) or breach of contract causes personal or financial injury to a person. Licensed professionals are generally held to a higher standard of care than average people are. They must perform their duties in a competent matter given the specialized training and experience expected of members of their profession.

Professional malpractice claims can be complex and difficult to prove. The primary reason for this is that they involve gauging how a the professional has performed a specific function or conduct in comparison to industry standards. Unlike determining that someone ran a red light to cause an accident or spilled water on the floor, which caused someone to trip, determining liability in a professional malpractice claim often requires analysis of many differing expert opinions and can be subjective (battle of the experts). Evidentiary rules limit or qualify who can testify via opinions against professionals, and the nature and extent of those opinions. Proper development and presentation of expert testimony is crucial to the success of a professional malpractice case.

Avery Law Firm understands this process and can use it to your advantage. We know how to find the best experts to support your claim and how to develop the evidence and present your claim in accordance with industry standards and trial rules (violation of which can be fatal to your case).

People have valid malpractice claims due to professionals failing to follow the standard of care required in the their particular field, which claim usually must be made within two years of the date of the injurious action or conduct. The malpractice lawyers at Avery Law Firm are available to represent the victims who are harmed as a result of these negligent acts and to recover reasonable compensation for the harm caused. There is never an excuse for engaging in the practice of one’s profession below the standard of care or representation to which all those in that particular profession are held. Professionals receive specialized education and training to ensure that they maintain a certain level of quality when performing within their field of expertise. It is never an acceptable practice to disregard these standards. Similarly, it is not and should not be acceptable for these professionals to change the manner in which they carry out their services out of fear of being sued. If they always follow the standard of care set forth in their given profession, then they should not be subject to a malpractice claim.

Legitimate malpractice claims are not frivolous or groundless. They are based upon competent evidence and typically covered by insurance taken out to protect the financial well-being of the professional and to compensate the victim when avoidable errors do occur and someone is harmed. Contact Avery Law Firm at 303-840-2222 or fill out the contact form for a free claim evaluation.

This entry was posted on Monday, January 23rd, 2012 at 4:24 pm and is filed under Hot Legal Topics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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