Professional malpractice occurs when a practitioner provides services below the standard of care. Filing a malpractice lawsuit requires careful consideration and understanding of the applicable standard. Seeking an experienced attorney is crucial, and the potential litigant should weigh the costs, risks, and rewards before proceeding. The difficulty of winning a malpractice case should also be considered.
The definition of professional malpractice varies from jurisdiction to jurisdiction, but typically implies that a practitioner provides their services in a manner that falls below the standard of care typically employed by similar practitioners in their geographic location. Making the decision to file a malpractice lawsuit against a doctor, lawyer, accountant, or other professional is a serious matter that requires planning and careful thought. The prospective litigant must consider several factors, including an understanding of the standard of care in their area. It should also understand all the potential costs, risks, and rewards in the process of filing a malpractice claim.
The most important consideration in filing a professional indemnity claim is that the prospective litigant should seek the knowledge of an attorney experienced in the area in which the compensation will be sought. For example, malpractice by a lawyer is very different from malpractice by a doctor and requires very different skills. In the initial consultation, the potential litigant should ask the attorney very specific questions regarding their experience and success in the particular area of law.
The potential litigant should understand the applicable standard by which their malpractice claim will be judged. This rule varies according to the jurisdiction and the type of malpractice. However, any attorney dealing with malpractice litigation will have a full and complete understanding of the standard and how it is likely to be applied by the court to the litigant’s claim. In the event that the attorney informs the litigant that her case is not likely to meet the professional malpractice standard in her area, it may be a signal to end the process and not waste any further money or time.
If the attorney tells the litigant that the malpractice claim may have some credence, then the party can continue, but there are still other things to consider. Malpractice claims result in a lengthy and costly litigation process because the case can revolve around very minute details. Before filing a malpractice claim, the potential litigant should consider whether this cost is worth it based on the strength of their case.
On a related point, the risk of loss must be at the forefront of any potential malpractice claim. Professional malpractice cases are typically difficult for the plaintiff to win since a finding of professional malpractice generally requires acts on the part of the practitioner that are difficult to prove. Understanding this risk as well as the upfront costs involved in a malpractice claim is important, as it must be balanced against the potential damages that could be awarded to the plaintiff if he wins the case.
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