What is professional malpractice? How does it impact our lives?
Professional malpractice is a type of intentional tort. Intentional torts occur when one party intentionally commits a wrongdoing against another party. Professional malpractice may also occur due to negligence, which is failure of one party to exercise proper care, or due to carelessness.
As laymen, or unskilled individuals (in particular fields), we hold professionals to a high standard. We depend on them to assist us in making decisions, whether they're medical, dental, real estate, legal, accounting, or investment decisions, to name a few. We're constantly placing our trust in professionals. That's why it's particularly difficult when we suffer because of professional malpractice.
Professional malpractice can occur when a professional commits negligence, carelessness, or an intentional wrongdoing. Professionals are often licensed individuals who are rightly held to a very high ethical standard. They are expected to make provide a certain standard of care to their clients. If they do not, and their client suffers losses as a result, then they may be held liable for malpractice in a court of law.
What constitutes the standard of care? The standard of care for professionals is based on the level of care that a reasonable prudent professional in that particular field would exercise. Basically, professionals must always use the ordinary or standard level of care for their field, because if they do not, then they risk causing problems and being sued.
Many professionals carry malpractice insurance. It may be difficult for individuals to fight the large legal teams that insurance companies have, but with the right attorney, who understands New York's laws and regulations, a case can potentially be negotiated and settled quickly, or litigated in court.