If a doctor, lawyer or other professional injures you because of that person's lack of skill or training, you may be able to bring a malpractice action to recover for your losses. We hope that the questions and answers presented here will assist you in familiarizing yourself with the issues and terms of Professional Malpractice cases. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.
Malpractice is another word for professional negligence.
Professionals, such as doctors, lawyers, dentists and accountants, cannot guarantee that their advice or treatment will always result in a patient getting better or a client winning his or her case. Although a professional is not required to guarantee a favorable result, a professional IS required to have that level of skill and training as other competent professionals in the community. For example, a person who loses his hand because of an infection resulting from his doctor not cleaning the wound properly may have a malpractice claim against the doctor. On the other hand, a lawyer who gives her client advice about an unclear area of the law may not be guilty of malpractice even if a court later rules the opposite way. The expert will offer an opinion, to a reasonable degree of professional certainty, as to whether the treatment or advice fell below the standard of care provided by other competent professionals in the community.