In law, malpractice is a type of negligence in which the misfeasance, malfeasance or nonfeasance of a professional, under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient. Perhaps the most publicized forms are medical malpractice and legal malpractice by medical practitioners and lawyers respectively, though malpractice suits against accountants (Arthur Andersen) and investment advisors (Merrill Lynch) have featured in the news more recently.
Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.
The plaintiff is or was the patient, or a legally designated partie acting on behalf of the patient, or – in the case of a wrongful-death suit – the executor or administrator of a deceased patient's estate. The defendant is the health care provider. Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush, 122 S.W. 3d 835 (Tex. 2003), "following orders" may not protect nurses and other non-physicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees.
In order for malpractice to occure, one must suffer loss or injury to the person in question, or have some benefit from the medical professional's services. This is one stipulation that is usually met in all cases, and an attorney will be able to solidify this claim.
Malpractice can cause you or the person you know millions of dollars in damages, not to mention the physical or emotional trauma your family, friends, or co-workers go through. If you need to press charges to recover funds or help alleviate some of the expenses, you're going to want to hire a malpractice attorney to help you out.
If you have made the decision to pursue a potential lawsuit, you will need the assistance of a good medical malpractice attorney to represent you. Too many times this very important decision is made based on the wrong criteria. The reality is that not all attorneys are capable of handling this type of case due to the complexity. Here are some questions to ask yourself that will help to ensure you are making the right decision in your selection process. How were you referred to this attorney? Was it from a television or radio ad? Did someone you know refer you to them? Does this person have only your best interests in my mind? Do you know anything about their background? You probably wouldn’t want someone who was on the news last week because of his or her DUI. Speak with several different attorneys before making your final decision. Selecting the most qualified candidate if far too important to leave to chance.
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