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Malpractice-Plaintiff

People make mistakes, but when the mistake is made by a doctor or some other professional, the consequences can be serious. Malpractice is different than a typical personal injury claim because of the parties involved. There are different standards for people with training and skills that the ordinary person would not possess. Just because someone is a professional, doesn't mean they don't make mistakes. An attorney can help you determine if you have a claim for malpractice.

What Constitutes Malpractice?

Much like to personal injury claims, malpractice claims rely on a standard that is subject to interpretation. However, these standards are different. While most personal injury claims utilize a reasonable person standard, malpractice generally utilizes a standard of care based on the customs of the profession. Custom is established by what other members of the profession would do. In order to prove malpractice, the professional's work must fall below the custom of those in the same field.

Medical Malpractice

Medical malpractice usually falls into two categories. One category occurs when a physician makes an incorrect diagnosis or mistreats the plaintiff's condition. Of course, the law takes into consideration the realities of the medical practice. In most cases, failing to successfully treat an ailment isn't malpractice. In order to prove malpractice, the plaintiff must prove that the physician's actions fell below what is customary of physicians in similar circumstances-i.e. the abilities possessed by other doctors in same field. The courts also recognize that doctors can disagree as to the right course of treatment. Generally, a physician following an accepted course of treatment cannot be held liable if he or she still acted according to the custom of others in the practice.

The other category in which medical malpractice can occur is the issue of consent. Given the often the invasive nature of medicine, the patient must consent to a medical procedure. In order for a patient to consent to a procedure, the physician must disclose the risks that could reasonably occur. Different jurisdictions utilize different standards for when there has been reasonable disclosure by the physician.

Other Forms of Professional Malpractice

Professional malpractice isn't just for doctors anymore. The theory of malpractice also extends to other professionals such as accountants, engineers and even attorneys. Attorneys are susceptible to malpractice when their performance falls below the standards of other competent attorneys. Similar to physicians, an unfavorable outcome will not make an attorney liable for malpractice. There are instances, however, when a claim can be made.

Regardless of who the professional is, if you have been injured in some way, an attorney who specializes in professional malpractice law may be able to help you get relief.