News & Events
Malpractice/Professional Negligence
Professional misconduct is an unpleasant topic. In the best scenario, all professionals should provide high-quality services to all clients. In reality, malpractice and professional negligence occur with alarming frequency and require redress. The impact of these unfortunate circumstances may cause great harm that affects a victim for a lifetime.
Proving malpractice is more difficult than showing negligence in automobile accident case. The standard of care owed by a professional to each client is similar to a general negligence theory of liability. Nevertheless, a significant distinction creates a more difficult burden of proof to carry.
In malpractice claims, a client must prove that a professional violated the standard of care that would be used by an ordinary professional with equal credentials when encountering the same or similar circumstance. In practice, finding other professionals within a local community who are willing to testify against a college is challenging. Alternatively, in some circumstances, a clear violation of a statutory duty or ethical rule may effectively render this issue moot.
To prevail when resolving professional negligence claims, at least one highly qualified expert witness with impeccable credentials is necessary. A professional who testifies against a colleague must prove a violation of an applicable standard of care while maintaining a high level of credibility.
The firm of Young, Sucher and Guidubaldi prides itself in providing innovative representation in cases involving malpractice and professional negligence. The firm maintains a strong record representing clients in cases involving medical malpractice, legal misconduct and accountant professional responsibility for negligence.
Once professional negligence occurs, documentation and preservation of evidence is essential. In cases of professional misconduct, one of the firm’s attorneys personally handles each case. Representation is provided during all phases of claim resolution:
- • Claim investigation
- • Gathering evidence and documents
- • Providing fact statements
- • Collecting witness statements
- • Pleading practice
- • Locating expert witnesses
- • Depositions
- • Case preparation
- • Hearings
- • Trials
- • Appeals
The best way to settle a case for full value before trial is to prepare a strong case for trial. One in sense, defendants must know that opposing counsel is well prepared and capable of obtaining a substantial verdict. With this realization, defendants are far more likely to extend settlement offers for full case value. Alternatively, any defendant who fails to extend a full-value offer must face the risk of a devastating jury verdict.
The firm is dedicated to assisting victims who suffer because of malpractice or professional negligence. The best interest of each client always receives the highest priority. All representation provided focuses on protecting each client’s best interest while maximizing financial recoveries for all legal damages. Nevertheless, a decision to settle or go to trial remains within the control of each of the firm’s clients.
