Many are aware of the legal resources available for being compensated for medical malpractice; however, other forms of malpractice by a professional can exist as well and warrant compensation under the law. The following questions pertain to individuals’ legal rights in regards to these types of claims.
What other types of professional malpractice exist?
Corporate and legal professionals may also be sued for misconduct under the malpractice laws of some states. In many cases of corporate malpractice, it is the professional whose actions contributed to the occurrence that is deemed responsible.
What is legal malpractice, and what types of actions fall under this category?
Legal malpractice is the negligence or breach of contract or fiduciary duty of an attorney that harms their client in some way. Actions that may fall under this category include misappropriation of funds, negligence in trying a case, an attorney acting in their own best interests as opposed to their client’s, and other bad practices.
How can a person prove legal malpractice?
In order to prove legal malpractice a person has to show that they were harmed as a result of the negligent actions of their attorney, and that such injury would not have been sustained if not for the attorney’s negligence. Proving negligence is constituted by demonstrating that the errors made were errors that a reasonable attorney would not make.
Are legal malpractice claims common?
Legal malpractice claims are considered rare in comparison to medical malpractice claims. Legal professionals are required to comply with state regulations, and often act within the law. However, when negligence does actually occur, these types of cases are considered difficult to prove. Consulting with an experienced legal malpractice attorney in one’s state can help an individual better understand the merits of their case in the event of an injury due to legal malpractice.
For questions related to malpractice, fill the form below and our team of New York Medical Malpractice Lawyers will address your situation.