Professional Malpractice

New Jersey Professional Malpractice Attorneys

All professionals – including lawyers, doctors, engineers, accountants, and architects – have a duty to serve their clients well and in an ethical manner.  When professionals don’t adhere to this duty, they should be held responsible for the losses inflicted upon their patients or clients.  At Varcadipane & Pinnisi, PC, our New Jersey professional malpractice attorneys represent and counsel those who have been harmed by professional malpractice.

What Is Professional Malpractice in New Jersey?

Professionals are categorized as individuals who hold themselves as having specialized knowledge in a particular field.  When a professional breaches their duty of care and their actions result in harm to a patient or client, the professional has committed malpractice. As such, they can be held liable to pay damages for whatever harm they caused.  

A successful malpractice case includes the professional failing to meet the expected standard of care for their professions, making detrimental errors because of their negligence, or participating in deliberate behavior that harms clients or patients. Professional malpractice is incompetent, negligent, or wrongful conduct that causes injury or harm.

Professional malpractice can arise in numerous professional fields and can include:

  • Medical malpractice
  • Attorney malpractice
  • Therapist malpractice
  • Architect malpractice
  • Engineering malpractice

Whenever a licensed professional or expert is involved, the potential for professional negligence exists.

Understanding New Jersey Medical Malpractice

Medical Malpractice

This common type of professional malpractice causes severe harm and can possibly result in death.  In fact, medical negligence is the third leading cause of preventable death in the U.S., killing an average of 200,000 people each year.  When patients go to the hospital or to see their doctor, they do so to try to stabilize or improve their health.  Yet, when the doctors or other medical professionals fail to use the expected standard of care and cause severe harm to the patient, they can be found liable for medical malpractice. Examples of specific types of medical malpractice include:

  • Wrong patient surgery
  • Wrong-site surgery
  • Dosage errors
  • Prescribing drugs that interact with medications the patient is already taking
  • Prescribing the wrong medications
  • Birth injury
  • Misdiagnosis
  • Failure to treat
  • Delayed diagnosis

In some instances, a hospital can be held liable for malpractice either vicariously or directly. A hospital has vicarious liability for the negligence of the healthcare professionals it employs. Direct malpractice occurs when the hospital itself has committed malpractice. Direct hospital malpractice examples include the:

  • Failing to use reasonable care to maintain safe and adequate equipment and facilities 
  • Failing to hire and keep only competent doctors and medical staff
  • Failing to oversee all people who practice medicine under its charge regards to patient care
  • Failure to draft, adopt, and enforce adequate policies and procedures to ensure quality care for their patients

Attorney Malpractice

Likewise, attorneys are expected to follow strict ethical standards in their profession. Client-attorney relationships must be built on trust. Suppose an attorney breaches ethical standards or doesn’t represent a client competently. In that case, they may be liable for damages they caused to their client.  Legal malpractice damages not just their client’s trust in the law but also society’s trust and the reputations of all attorneys. Attorney malpractice can include:

  • Failing to file a legal complaint within the applicable statute of limitations
  • Naming the wrong person or party as a plaintiff in a lawsuit
  • Representing someone even though there’s a conflict of interest
  • Missing crucial deadlines
  • Incompetently representing clients
  • Failing to provide sound legal advice
  • Breaching their fiduciary duty

To prove legal malpractice, their former client must show that the attorney failed to work in a way that upheld the standards for attorneys in their practice area or that they violated the ethical standards and duties owed to a client.  The former client must also prove that they were harmed or that the outcome of their case would have been different if it weren’t for the attorney’s malpractice.

Call a New Jersey Professional Malpractice Attorney to Discuss Your Claim Today

Professional negligence claims have inherent and unique challenges.  It’s common for emotions to run high as your trust has been violated. During this challenging time, representation from New Jersey professional malpractice attorneys skilled in analysis, communication, and presentation is essential. We have the resources and knowledge to identify and retain experts who have the professional reputation and integrity to critique another member of their profession.

Call Varcadipane & Pinnisi, PC at 800-616-2916 or contact us online to receive your no-obligation case review with an experienced New Jersey professional malpractice lawyer and find out more about how we can help.

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