Individuals and business routinely deal with professionals in just about every industry. “Professionals” can be anyone that holds themselves out as an expert or having particularly specialized knowledge or skill in a specific area.
Professionals owe a higher duty to their clients and customers than an ordinary citizen does. Generally, professionals must act with the same level of care that a reasonably prudent professional in that line of work would exercise under similar circumstances. Malpractice occurs when the professional deviates from that standard of care which results in an injury or other damages to the client, customer or patient.
Lawsuits against professionals can be time consuming, fact intensive and costly. Depending on the case at hand, malpractice can potentially include claims for negligence, gross negligence, negligence per se, breach of contract, breach of fiduciary duty, fraud or violations of the Texas Deceptive Trade Practices Act.
When professionals act carelessly, the results can be catastrophic. The damages can include injury to both person and property. Depending on the particular professional malpractice at issue, the recovery could include a wide array of economic damages such as restitution, loss of income, disgorgement of any payments to the professional, loss of profits and diminution in value. When professional malpractice causes injury to the person, the recovery could potentially include noneconomic damages for pain and suffering and mental anguish.
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