Professionals, such as doctors, dentists, lawyers, brokers, and accountants, are not immune to negligent claims or lawsuits. When a person becomes harmed due to a professional’s failure to meet accepted performance standards in their profession, it is known as professional negligence or malpractice. As a result, the injured party could pursue recompense for the harm caused by the professional they hired.
Professionals have a certain duty and responsibility to uphold when their clients hire them. Clients rely on the specialized training, skills, and knowledge of the professionals they hire for health care, legal matters, and financial affairs. It is important to recognize, however, that not all adverse outcomes are the result of malpractice or negligence. Sometimes, when a client’s expectations are not met, they could set out to seek retribution. However, simply because expectations were not met, that does not always mean that the professional’s actions or services rendered were not performed with reasonable skill and care. For this reason, it is important to consult with a professional negligence attorney if you are a professional who has been accused of malpractice or negligence.
At Citron & Citron, we have handled various types of professional negligence cases over the years. Our professional negligence attorney is committed to representing professionals who have been accused of malpractice, negligence, or failure to uphold the standard of care.
The professional negligence attorneys at Citron & Citron serve and represent clients in Los Angeles, CA and surrounding areas.
Proving Professional Negligence
In order to bring forth evidence of malpractice or negligence, the injured party must be able to prove certain factors. As such, an extensive investigation should be conducted to determine whether any wrongdoing occurred. When an individual claims professional negligence, they must be able to prove the following:
- Standard of Care: All professionals owe a duty or standard of care to their clients when they render services. The standard of care must be in line with the skill and care that other professionals in the same profession possess or exercise. For instance, if a doctor is hired to perform knee surgery, their skill level and practices, at minimum, should reasonably meet the common skill and practices expected from other doctors performing the same type of surgery.
- Breach of Standard of Care: When a professional fails to render services with the skill and care that another professional in the same field would have reasonably met under similar circumstances, it is known as a breach of standard of care.
- Causation: The professional must be the one to have directly caused injury to their client.
- Damages: To prove professional negligence, the client must show that the breach of standard of care led to damages. If there are no actual damages to collect, such as compensation for medical bills, then there is no case for negligence or malpractice.