The Two Common Types of Malpractice
1 November 2019
Medical and Legal Malpractice
Malpractice is defined as the improper, illegal, or negligent activity or treatment by a professional. Healthcare providers, lawyers, accountants, and public officials are most commonly involved in malpractice cases. If one of these professionals fails to provide a standard of care for their clients, damages can be collected. The two common types of malpractice are medical malpractice and legal malpractice.
When patients put their full trust in medical professionals, they expect to be given a standard level of care. Unfortunately, there are instances where professionals don’t perform to their best ability, nor with their patient’s best interest in mind. For example, a doctor may have failed to diagnose, interpreted or ignored results, performed an unnecessary procedure, or neglected aftercare. This type of malpractice is the most dangerous because someone’s life could be at risk. Malpractice lawsuits allow lawyers to hold medical professionals accountable for their actions, so that you or you loved one can receive the justice you deserve in the event that harm has occurred. The following are more examples of medical malpractice:
Misdiagnosis and Delayed Diagnosis
When a patient is not able to seek appropriate treatment due to an incorrect diagnosis, a suit can be initiated. If a patient is assessed less efficiently compared to the expected standard level of care, resulting in a delay of treatment, the patient could file for medical malpractice.
Failure to Treat
Another example of doctors breaching the standard of care includes neglecting to give proper treatment to their patients. This also extends to failure to provide follow-up care or referrals.
Negligence is not covered by a patient’s consent form. Some examples of surgical negligence include performing the incorrect procedure, unnecessary surgery, damage to surrounding tissue, wrong amount of anesthesia, using non-sterile instruments, and leaving equipment inside the patient.
Death to both the child and mother can occur because of negligence during birth as well as during prenatal care.
Medical Product Liability
Manufacturers of medical devices can be liable if they had knowledge of their product causing harm.
Legal malpractice holds lawyers accountable for their actions. They are responsible for upholding their professional duties to their clients. For this to occur, an attorney must have owed a duty to provide representation, breached their duty by making a mistake or acting recklessly, had that breach cause injury or harm, and that harm result in financial loss. The following are examples of legal malpractice:
Breach of Contract
When an attorney fails to follow the instructions given to them by their client, this is called breach of contract. This can harm the client as well as their case.
Conflict of Interest
The honesty and integrity between the attorney and the client can be compromised if there are opposing interests.
Negligence is when an attorney does not exercise care, skill, or diligence at the level other attorneys would in a similar situation.
Breach of Fiduciary Duty
When an attorney breaches fiduciary duty, he or she fails to serve the client to the best of their interest. They are not upholding a high standard of honesty as well as full disclosure.
An attorney can receive sanctions, fines, disbarment, or criminal prosecution if they commit fraud.
Trust the Malpractice Lawyers at Davis Law Group
Malpractice occurs when the trust between the professional and the client has been broken, whether it be medical or legal. The attorneys at Davis Law Group will file against the professional on your behalf, holding them accountable for their actions. If you are in a situation involving malpractice, contact our team or schedule a free consultation today.