When people discuss the concept of malpractice, they are often referring to some form of failure or neglect by a person of a specific profession to provide the expected level of care during the process of their practice. Due to an extensive amount of media coverage over the years, many people instantly think of medical malpractice when the term malpractice litigation is mentioned, but malpractice cases can actually stretch much further, to cover issues occurring within dentistry, law, and accountancy.
The Conundrum
One of the biggest issues with malpractice litigation is that there tends to be a significant deal of misunderstanding surrounding the knowledge of what actually constitutes professional neglect or malpractice. Often, when you are considering malpractice litigation, you must be able to prove that the acts of a professional have caused you as a client, or the person you are claiming for, some manner of damage or harm.
This may happen because the service that has been provided, or the quality of care given simply falls beneath the accepted standards put forward by peers within that profession.
The Smallest Actions
Malpractice can also regard a deliberate act from a professional to do harm to someone else. For example, if a lawyer was to deliberately misrepresent the information within a case so as to put their client in an unsavory light, or if an accountant began to steal money from his or her client. In some cases, malpractice litigation can take place simply because of an error that has taken place, such as if a doctor offered an incorrect diagnosis or a lawyer misfiled a piece of information.
Understanding Your Claim and Finding Help
In any professional field, we expect the individual in charge of helping us to put forth the best possible standard of care that they can manage. When we approach a lawyer, we do so in the belief that they will provide a certain level of competence when it comes to directing information, evidence and putting across a good argument for the sake of our case.
For example, an attorney and the firm that he or she works for should be perfectly capable of maintaining a sense of professional secrecy without involving any outside sources that could interfere with the interests of the client. Because of this, if a client feels that their lawyer has engaged in some manner of misconduct while handling their case, by either violating their confidentiality, making errors in their duties or by simply demanding ridiculous fees, that lawyer may be charged with legal malpractice.
When it comes to fighting back in a case of malpractice litigation, the client in question must be able to provide some degree of evidence that shows their lawyer failed to act competently, this can include evidence of damage caused by:
- A breach of fiduciary duty, meaning that the lawyer failed to act in the best interests of their client, and put their own interests first
- A breach of contract
- A breach in the lawyer, client relationship, including confidentiality issues
- Monetary problems in the request for exorbitant fees
- A failure to perform actions correctly or within the allotted deadline.
In order to make a valid malpractice claim, clients then need to make use of the highly specialized lawyers at Makarem & Associates to represent their case. Remember that it is always important to discuss the details of your case with an attorney before you jump to any conclusions about what you are owed.
A Firm that Cares
Often, lawyers that have been around the block before helping individuals with malpractice suits in the past will have the necessary knowledge to help get you through the situation in the best possible way. For more help with legal malpractice, contact Makarem & Associates at [email protected] or 310.312.0299.
