Hiring a licensed professional, such as a doctor, lawyer or accountant, comes with the expectation of a high level of competence. Neglecting to uphold this standard can lead to physical, legal or financial harm. Under certain circumstances, this negligence may constitute professional malpractice.
What constitutes professional malpractice?
Here are five common mistakes that often lead licensed professionals to face malpractice lawsuits:
- Missing deadlines: Missing important dates, such as California’s statute of limitations, is a severe breach of a professional’s duty to a client.
- Communication breakdowns: Withholding vital information prevents clients from making informed decisions.
- Conflicts of interest: Representing opposing parties means neglecting a client’s best interest. This can directly violate a legal duty.
- Misusing funds: Mishandling a client’s money is a severe offense. It can result in civil liability. It can also potentially lead to the revocation of a professional license.
- Failing to meet the standard of care: Medical professionals fall short of required standards when they execute their duties or skip necessary steps.
Though these mistakes differ in nature, they all represent a serious breach of the professional duty owed to a client. They can also form the legal foundation for a malpractice claim.
What are the key elements of a professional malpractice claim?
A negative outcome does not automatically indicate malpractice. To pursue a claim in California, it is crucial to prove these four legal elements:
- Duty: A professional-client relationship establishes a legal standard of care.
- Breach: The professional violated that standard through negligence or omission.
- Causation: The error directly caused a negative outcome. This means the harm would not have occurred but for the professional’s mistake.
- Damages: The client suffered actual, measurable financial, legal or physical harm.
In California, plaintiffs must substantiate all four elements with strong evidence. Failing to prove even one of these components can result in a failed claim.
Protecting the right to recovery
It can be frustrating when a licensed professional harms legal cases, finances or health. California malpractice laws set a strict deadline for filing a claim. If this window passes, the right to seek compensation is lost forever.
To protect the ability to recover requires a clear understanding of the legal options before time expires. Do not let a procedural issue stand in the way of justice and compensation.