Professional malpractice is generally thought to be when a doctor makes a mistake of some sort, or a hospital doesn’t treat a patient correctly and the consequences are very serious or life threatening. Professional malpractice is more than that and actually covers dentists and lawyers.
The question when dealing with the issue of professional malpractice is how to identify it. In addition to that is determining if what we are seeing, hearing or witnessing is actually negligence. While you may feel what was said or done was not professional and has a result you didn’t like, it may not always be the result of professional malpractice.
When it comes to lawyers, the advice given must be knowingly provided in such a way that it is not in the best interest of the client. The proof is in the pudding – so to speak – and the client must prove there was an attorney client relationship. Then, they must also prove what the attorney did had an adverse effect on them. The key here is that the act would foreseeably cause the client harm.
Dentists and doctors have high standards to live up to and we trust they will do what is best for us. If a cover up or a mistake violates that trust, injuries suffered as a result of this may be recovered.
Be aware that each state has its own set of criteria as to what constitutes malpractice in that state. So before you attempt to file a lawsuit, consult a highly qualified professional malpractice attorney to find out what is considered to be malpractice in your home state.
The most difficult aspect of a professional malpractice suit is the feeling of being betrayed by your doctor, dentist or lawyer. They went to school for all those years to help you and instead wind up harming you. We don’t like to think of them making mistakes. However, lawyers, dentists and physicians are humans and do make mistakes. The question is if those mistakes were intentional or unintentional.
With regard to medical malpractice; you expect the doctor to know what is in your medical file and that they won’t give you something that is bad for you – a medication or treatment. You just expect good service, excellent care and a doctor that stays up-to-date on the latest treatments and medications in the field.
Unfortunately, being human and being overworked means good service isn’t always the by-word of the day and knowing all the latest medications is virtually a full time job in itself. Mistakes do happen. Again, the question is if they did something completely against accepted medical practice when treating you.
Knowing what constitutes malpractice is something in which you need to speak to a qualified malpractice lawyer. This is the best way to find out what options are available and what case law potentially applies to your circumstances – whether it is medical, dental or legal malpractice.
Be aware there is a statute of limitations in all instances of malpractice. You need to know when the statute expires in your state, preventing a potential lawsuit.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.