Malpractice arises from a professional’s misconduct or failure to use sufficient levels of care, skill, or carefulness in the presentation of the professional duties that causes harm to another. Malpractice usually occurs if a professional fails to exercise his or her professional skills in an assignment he or she has accepted at the standard of care, skill, and learning applied circumstances by the average prudent reputable member of the profession in the given “community.”
Judgment of performance is based upon the standard of care for the professional in the “community,” what other professionals in the same field do for their clients who are located in the same area. Malpractice occurs in any area of the law and can take many forms such as simple negligence, gross negligence, negligence per se, breach of contract, or fraud.
Clients can be hurt by lawyers in many ways such as neglect, missing a act of limitation, failing to carry out and respond to discovery, failing to assign experts and/or proper witnesses, lawyer’s conflict of interest, putting the lawyer’s interests above a client’s or putting one client’s interest over another’s, drafting errors in papers and/or agreements.
Most legal malpractices occur through administrative errors, among them are, failure to calendar and clerical errors, or substantive errors such as failure to know the law, conflict of interest, client relations i.e. not following client instructions, improper withdrawal or intentional wrong doing such as libeled.
When the health care provider’s error results in an injury to the patient it is regarded as medical malpractice. The patient can pursue a medical malpractice claim. The best thing that a person can do when he suspects that his family member has suffered negligence at the hands of a medical professional is to consult with a Michigan medical malpractice lawyer right away. A common type of professional malpractice lawsuite is one where the client sues a former attorney for negligence.
