Professional malpractice is an area of legal practice that deals with an individual professional’s or a business’ wrongdoing or negligence that causes injury or damage. Examples of professional malpractice are breach of fiduciary duty, fraud, mismanagement, errors in judgment, misconduct and carelessness.
When claims of malpractice are filed against professionals, unless there is obvious, clear-cut malpractice, proving negligence or wrongdoing often requires the legal services of a professional malpractice attorney and may require the testimony of experts to prove professional performance fell below industry standards.
Because large sums of money are typically involved in liability claims against professionals, any resulting litigation is often complex. A professional malpractice attorney assists clients who are victims of professional malpractice as well as professionals who face liability claims made against them.
The legal services of a professional malpractice attorney cover the evaluation and monitoring of claims; the interpretation of insurance coverage, brokerage agreements, contracts or other documents pertaining to the professional services in question; and litigation disputes. Additionally, an attorney represents professional malpractice clients in a variety of disciplinary hearings and grievance proceedings before state boards of professional conduct and accreditation, the state bar and regulatory agencies in defense of fiduciary and malpractice claims and provides legal defense of professional liability claims in state and federal trial courts. Where appropriate, professional malpractice attorneys also utilize alternative dispute-resolution processes such as arbitration and mediation to settle claims.