Professional Malpractice in New York
It is a privilege to be a professional. Professional status is an indication of competence, ethics, and trust. You should be able to trust a professional. These standards are what separate professionals from laymen. These professional ethics and standards exist to protect you, the consumer.
The rule for how people are supposed to act is quite simple: average people are expected to act in the manner of a reasonable average person; however, professionals are held to a higher standard. Professionals are expected to act in the manner of other similar professionals in the particular field. As a consumer or client, you have a right to hold professionals to high standards.
What constitutes professional malpractice?
Professional malpractice includes situations of intentional wrongdoing, negligence and carelessness. The worst situation is when a profession intentionally does something wrong. Not only may this result in an intentional tort, but its also malpractice.
The whole purpose of professional licensing, no matter what the field, is to imply some degree of professional competence to the consumer. You have a right to expect competence as defined by the laws and regulations of the State of New York. Professional malpractice covers all different types of professions: from a barber, to a broker, to a dentist. Many different types of professions require licenses and have established standards of ethics and duties.
Some professionals are required to carry some type of malpractice insurance. A defendant is sometimes described as “judgment proof” when they no assets to pay off a judgment. When a professional has insurance, they are not judgment proof and it can be worth the trouble of litigation to achieve compensation. Insurance companies have dedicated legal staff so it often takes a lawyer to make things happen.
Many professional associations don’t like to see their members accused of malpractice – a bad professional reflects poorly on the entire profession. Therefore, it can be difficult to prove malpractice. Our NY malpractice attorneys can wade through the rules and regulations and successfully make the case.
If we find a professional has mistreated you, and violated his or her own conduct of care, we will fight vigorously to make the situation right. Professional malpractice is an offense against you as well as the profession.
Even if a professional has not technically committed malpractice, they may have still committed negligence and there may be legal cause of action in that situation.
Our specific goal is to help you. But we also have a general goal of helping society function better. Professional malpractice harms you, but also harms the profession and society at large. If you suspect you’ve experience professional malpractice, please contract our malpractice lawyers in New York to learn more about any potential claims. Call Simon Kabzan – a highly competent NY business attorney.