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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types of professional negligence cases we handle
FREQUENTLY ASKED QUESTIONS
Any person or entity that provides professional services to you in a field in which one relies upon them for their specialized skill and advice. This includes accountants, architects, attorneys, business consultants, counselors, dentists, designers, doctors, engineers, executors, financial advisors, funeral homes, insurance agents, insurance brokers, pharmacists, securities brokers, surveyors, tax advisors, therapists, and trustees.
While there may be some minor differences based on the specifics of the claim filed, a general rule to follow is that you must file a professional malpractice claim within two years.
In every professional malpractice case, you will most likely need an expert witness to testify regarding the standard of care applicable to that professional and how the professional deviated from that standard.