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FAQ's About Professional Malpractice

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As with most issues relating to the law, there are often misconceptions, misunderstandings and questions surrounding New York City Professional Malpractice.

The online legal dictionary defines malpractice as "failure to meet a standard of care or standard of conduct that is recognized by a profession reaches the level of malpractice when a client or patient is injured or damaged because of error."

We have compiled a list of questions we hear from prospective clients and are presenting them here for your consideration. Unlike the typical FAQ strategy,, however we are going to answer several with "That Depends" followed by our own set of questions.

We know that successful engagements depend on asking the right questions. Here are the questions we hear along with the questions we then ask of our clients:

  1. "What exactly is "professional malpractice" and what is it based on?" - Professional malpractice relates to the legal premise of negligence. As a "professional" in any capacity such as an attorney or engineer or CPA or architect and more broadly a board member or executive or manager, there are certain responsibilities that go along with the position.  There have been several high profile cases recently where board members and executives were the subject of litigation for malpractice. An architect or an engineer could also be liable for if a building or structure they approved later had failures that could be traced back to negligence.
  2. "What is my exposure and how can you help me?" - Most of our clients come to us because they respect our experience and they want to understand at the outset how we can help. We will usually ask questions like:  Do you serve on any boards?  What types of decisions are you involved in on a daily basis?  Who are your employees and what services do they provide? What financial responsibilities do you have for your company?
  3. "Are there different types of professional malpractice?" - Yes there are recognized subsets including medical, legal, clergy and a few others.  Again, there have been many clergy related law suits recently and this is an example of clergy malpractice.
  4. "When could I be charged with malpractice?" - The plaintiff in a lawsuit may sue for for damages resulting from carelessness or neglect.  Examples again from the online legal dictionary include  "if a surgeon leaves a sponge or surgical tool inside a patient, the surgeon's carelessness violates a basic standard of care. Likewise, if an attorney fails to file a lawsuit for a client within the time limits required by law, the attorney may be charged with negligence."

Call 212-355-8000 or contact us here.  We are Pulvers, Pulvers and Thompson and we have been providing malpractice advice for over seventy years.

The information contained in this post is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the information provided.

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