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Malpractice Law Firm
Professional malpractice refers to the alleged negligence or misconduct by professionals in their respective fields, resulting in harm or injury to clients or patients. These claims typically assert negligence allegations of conduct falling below the accepted standards or codes of conduct within a profession.
Malpractice is often associated with specific professions like medicine, law, and accounting. For an incident to be considered malpractice, several elements typically need to be involved. For example, in a legal malpractice claim, the following elements are at issue:
-Duty of Care: Attorneys have a duty to provide competent legal representation to their clients. This duty is established when an attorney agrees to represent a client or when there's an existing attorney-client relationship.
- Breach of Duty: Legal malpractice claims arise when an attorney allegedly fails to uphold the standard of care expected in their profession. These claims can include allegations of errors in legal strategy, missed deadlines, inadequate research, conflicts of interest, or providing incorrect advice.
- Causation: The claimant must establish that the attorney's alleged breach of duty directly caused harm or damages to the client. This means that the claimant must demonstrate that, had the attorney acted competently, the outcome of the legal matter would have been different.
- Damages: The claimant must have suffered actual harm or financial loss due to the attorney's alleged negligence. This could include losing a case, facing financial penalties, or missing opportunities because of the attorney's errors.
Medical Malpractice
At Luther Anderson, we understand the complexities and sensitivities involved in medical malpractice defense. Our experienced team of attorneys is dedicated to providing exceptional legal representation and strategic defense strategies to healthcare providers, hospitals, clinics, and other medical professionals facing allegations of malpractice.
Our Areas of Expertise Include:
- Physician Defense: We represent physicians and surgeons in all specialties facing allegations of medical negligence, including misdiagnosis, surgical errors, medication errors, failure to obtain informed consent, and more.
- Hospital Defense: Our attorneys defend hospitals and healthcare facilities against claims of negligence arising from the actions or omissions of their staff, including nursing errors, emergency room mistakes, and administrative failures.
- Nursing Defense: We provide skilled defense representation to nurses facing allegations of professional negligence, including medication errors, failure to monitor patients, documentation errors, and more.
- Dental Malpractice Defense: We represent dentists and oral surgeons facing claims of dental malpractice, including allegations of improper treatment, surgical errors, nerve injuries, and failure to obtain informed consent.
- Expert Witness Coordination: We work with a network of qualified medical experts, including physicians, surgeons, nurses, and other healthcare professionals, to provide expert testimony and support our defense strategies in medical malpractice cases.
Legal Malpractice
Legal malpractice refers to the negligence, wrongful actions, or breach of duty by an attorney or a law firm that results in harm or damages to their client. Lawyers are held to certain professional standards and are expected to provide competent and diligent representation to their clients. When they fail to meet these standards and their actions or inactions cause harm, it can be considered legal malpractice.
Examples of legal malpractice can include:
- Missing court deadlines or filing errors that result in the dismissal of a case.
- Providing incorrect legal advice that leads to financial losses.
- Conflict of interest, where an attorney represents two clients with conflicting interests without proper disclosure or consent.
- Failure to properly communicate important developments or options to the client.