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Charlotte, NC - Malpractice Lawyer
Malpractice is most commonly associated with the medical profession; however, malpractice also occurs in other professional occupations, as well, and refers to quality of service that fails to meet the standards of the profession and harms individuals for whom the professional owes a duty of care. Under the common-law rule of negligence, the required standard of care is that care which an ordinary prudent professional possessing the same special knowledge and skills, practicing in the same geographical area, would exercise under similar circumstances.
When a professional's negligence or actions create extreme financial loss or serious harm to you in some way, you may want to consider the prospects of a professional malpractice lawsuit.
The following are examples of some professionals who may be subject to malpractice claims:
Accountant malpractice has gained notoriety over the years through such incidents as the 1980s collapse of the savings & loan industry, the Enron debacle and the fall of dot-coms. Negligence on the part of an accountant can occur regarding preparation of tax returns or financial statements, overstatement of a client's net worth as well as misrepresenting or failing to report facts. Such actions can be to the detriment of the business or individual and affect his or her ability to obtain or extend credit as well as result in general financial losses.
Malpractice claims brought against attorneys involve careful scrutiny of cases. You must study the issues of the case where malpractice occurred and discover the legal shortcomings (malpractice or negligence) that resulted in damage for a client. Legal skills required in representing such a case are twofold:
- Ability to discern the attorney's misapplication of the law or failure to apply the law from a legal or judicial perspective;
- Ability to present the case to a jury of laymen so as to appeal to their common sense understanding of how malpractice occurred.
Examples of malpractices issues frequently litigated include:
- Failure to file a lawsuit and obtain service of process before the statute of limitations runs;
- Failure to appear at court for a scheduled legal proceeding, resulting in dismissal of the case;
- Providing legal advice that was incorrect at the time given, which resulted in damage for the client.
When an architect or engineer fails to supervise workers in a professional and skilled manner, their negligence may result in use of improper or insufficiently specified material or other errors that create substandard work. Failure to adhere to the standards of their profession in the original drafting or design itself may also result in defective construction and be liable to a malpractice lawsuit depending on the degree of damage incurred.
There is a recent struggle in sub-prime mortgage markets from an increasing number of borrowers who have lost or are in danger of losing their homes through default of mortgage loans. Consequently, malpractice lawsuits against lenders and mortgage brokers are on the rise. Misrepresentation and failure to disclose the high risks associated with sub-prime loans are placing mortgage brokers at risk for lawsuits. In addition, predatory lending practices which encouraged borrowers to obtain mortgage loans that were beyond their means are becoming subject to professional malpractice litigation. Not only are homeowners suing lenders, but shareholders are also starting to sue collapsed mortgage companies, and investors in complex mortgage securities are beginning to sue Wall Street banks.
If you are concerned that you have suffered as a result of professional malpractice, we encourage you to arrange a free consultation with a malpractice lawyer at Paul Whitfield & Associates to review your situation. Please call or email and we will schedule an appointment.