Professional Malpractice

A tort is a civil wrong that permits an injured party to obtain compensation for damages caused by the harmful conduct of another person. Although a special type of tort, malpractice and other torts have these three features in common: they involve a person who has a duty of care toward others, a failure to exercise due care, and an injury or other monetary damages caused by that failure.

Because malpractice cases involve members of a profession, many of the issues that arise are more complex than the issues in other tort cases. When an automobile driver runs a red light or speeds, the driver clearly has created a danger for other people on the highway and will be held liable if the dangerous driving results in an accident. In many malpractice cases, however, it is not as clear what the exercise of due care means. In a malpractice action, an expert in the field may have to testify about whether the conduct of the defendant (the professional) fell below what is expected of a professional in that field. It may also be difficult to establish whether the conduct of the defendant caused the injury to the plaintiff (the party seeking damages). The plaintiff in a malpractice case must prove that the injury would not have occurred in the absence of the allegedly improper conduct.

Professional malpractice means that the professional failed to use the ordinary skill and care that would be used by other professionals in handling a similar problem or case under similar circumstances. The following are the elements:

Since medical malpractice, architectural malpractice, or engineering malpractice cases are some of the most complex cases, they must be handled by an experienced attorney or law firm such as Finch McCranie, LLP.

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