November 15, 2022
What to Do When a Professional Breaches Their Duty Of Care
A duty of care is the legal responsibility of one person or organization to ensure the safety and well-being of another. This duty is typically seen in a professional context, where one person or organization has specific expertise or knowledge that makes them responsible for the trusted information of a client.
However, sometimes this duty of care is breached, and the results can be catastrophic. If you or someone you know has been the victim of such a breach, you’ll need to find out how you can receive the justice and the compensation you deserve. Speak with a malpractice attorney today.
What is a breach of duty of care?
When a professional breaches their duty of care, it means that they have failed to uphold the standard of care that is expected of them in their profession. This can happen in various ways. A breach can take place when a professional does not uphold their professional obligations toward confidentiality, care, or safety.
If you feel that you have been the victim of a breach of duty of care, it is important to seek legal advice as soon as possible, as you may be entitled to compensation.
You can make a distinction between a breach of duty of care and negligence. If someone has breached their duty of care, their actions fall below the regular standard of care taken by anyone who is reasonable.
If they are considered negligent, a personal injury lawyer must show that a defendant breached their duty of care toward the plaintiff. It is one of the four elements courts consider in negligence tort cases.
When negligence is proven, a lawyer must show that the defendant owed the plaintiff a duty of care, that they breached this duty by their behavior, and that, as a result, it harmed the plaintiff. In return, the plaintiff suffered damages – damages that resulted in out-of-pocket costs, lost income, or pain and suffering.
Examples of a breach of duty of care
There are many examples of a breach of duty of care. Here are some scenarios where a professional may have breached their obligation:
- A doctor fails to properly diagnose a patient’s condition, resulting in the patient’s condition worsening
- A lawyer gives incorrect advice to their client, leading the client to make a bad decision
- An accountant makes a mistake in their client’s taxes, causing them to owe more money than they should
- An architect designs a building that is not up to code, and someone is injured as a result
Filing a Personal Injury Lawsuit
When someone is injured as a result of a breach of duty of care, they may be able to file a personal injury lawsuit against the responsible party. If successful, they can recover damages for their injuries, including medical costs, lost earnings, and pain and suffering.
In some cases, punitive damages may also be awarded in order to punish the at-fault party and deter others from similar acts in the future. While you cannot imprison a plaintiff in a civil tort case, the law can punish them if their behavior was egregious or notably reckless.
How professionals should prevent a breach of duty of care
To prevent a breach of the duty of care, a professional should make sure they follow all the standards and best practices in their industry when providing professional services.
They also need to maintain good records and document any concerns or issues that may arise.
In addition, they need to communicate clearly with patients or clients so the people they’re serving can understand the risks. Professionals should do everything in their power to make sure their clients or patients are making informed decisions.
What to do if you experience a breach of duty of care
If you experience a breach of duty of care by a professional, there are a few things you can do. First, try to resolve the issue with the professional directly. If that does not work, you can file a complaint with the professional’s licensing body or with your state’s consumer protection agency. You can also sue the professional for damages in civil court.
When a professional breaches their duty of care, it can be extremely damaging to both the individual and the business. If you find yourself in this situation, it is important to take action immediately in order to protect your interests. In New Jersey, you only have two years to file a personal injury lawsuit. Therefore, you need to act immediately.
That means you need to consult with a lawyer to determine your next steps. Additionally, be sure to document everything that has happened so that you have a strong case against the professional. With careful planning and execution, you can minimize the impact that this type of behavior can have on you personally or professionally.
Contact a Personal Injury Lawyer About a Breach of Duty of Care Today
To ensure you receive a fair and equitable settlement when you have been wronged by a practitioner, you need to discuss your claim with a personal injury lawyer. If you live in New Jersey, contact Varcadipane & Pinnisi, PC. Schedule a consultation today.