Professional Malpractice Attorneys in Los Angeles
Professional malpractice is a blanket term that applies whenever any professional — a lawyer, doctor, accountant, engineer, etc. — acts contrary to the applicable “standard of care” for that individual’s industry.
Understanding Professional Malpractice
The “standard of care” is an industry specific benchmark that simply defines the manner in which certain services must be performed within a particular industry. However, there are usually multiple ways in which a professional can solve a particular problem. Just because a professional does not do something correctly, or in the particular way that an individual believed the professional would complete the task, does not necessarily mean that malpractice has occurred.
In order for a malpractice to occur, a professional must do something or engage in conduct that no other reasonable service provider would have engaged in. Moreover, there must be damages associated with the “unprofessional” conduct. For example, even if a lawyer or a doctor does not file the right papers or does not order the right testing, that does not necessarily mean that malpractice has occurred. There must be a change in the outcome and this must be a change that would not have otherwise occurred. For example, if a lawsuit was lost and the conduct of the lawyer was unacceptable, but the lawsuit would likely have been lost anyway, then there is no viable claim for malpractice. Similarly, if someone dies and a doctor acts incompetently in connection with treating that patient, but that individual would likely have died anyway, there is no viable claim for malpractice.
Recovering Damages From Malpractice
Claims of malpractice must be proven by expert testimony. That means that an expert, qualified in the relevant field, must be willing to testify that the party being sued did something that did not comply with the standard of care. This is where a professional malpractice lawyer can help; they know the law as it relates to your case and have contacts for the best expert witnesses who can help you recover damages.
When looking to recover damages through a malpractice case, you may be eligible to recover:
- Economic damages, for actual monetary losses suffered – like lost income
- Non-economic damages, for pain, suffering and any disability you may have received as a result of the malpractice
Experienced Los Angeles Professional Malpractice Attorneys
If you believe that a service provider did something in the performance of his or her duties that was unreasonable and that caused you injuries, contact The Trial Law Offices of Bradley I. Kramer, M.D., Esq. to discuss your options at 310-289-2600.