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Professional Malpractice

Malpractice is the failure of a professional person--for example a doctor or a lawyer--to give you the kind of professional care or service other professionals would ordinarily give you under the same circumstances. If the professional, through an error or omission, fails to provide you the care or service consistent with the generally accepted standards for that profession, then the professional has committed malpractice.

If you believe that you are a victim of malpractice, contact a lawyer immediately. Attorneys will represent you in lawsuits against attorneys, doctors or other professionals who have committed malpractice. The fee charged by your attorney may be based upon an hourly rate or a contingent fee. In a contingent fee arrangement, the lawyer would receive a percentage of the amount of money you recover. Even though the attorney's fee is contingent, you may additionally be obligated to pay the court costs and other expenses required for the preparation of your malpractice case. It is important that any fee agreement between you and your attorney be in writing.

You may not know whether a doctor, a lawyer, or any other professional has provided you proper professional care or service, but there are ways to find out. Before contacting an attorney, you should gather all records--charts, reports, correspondences--and all other information concerning the care or service provided by the professional. All of these records are available upon request from the professional by the person for whom the professional care or service was actually performed. You should give all of these records to your attorney so that the lawyer and other appropriate professional experts can review and study the records to determine whether or not you have a malpractice claim.

Malpractice cases can be expensive to investigate and prosecute and may take a long time to resolve, either through settlement negotiations or all the way through trial. Malpractice cases are not a quick way to make some easy money. Rather, malpractice cases are usually highly contested and strongly defended cases. You should also remember that just because you received a "bad" result from your perspective does not mean that the professional person has committed malpractice. You may have received the "best" result possible under the circumstances. However, if you believe that you have been treated improperly and are the victim of professional malpractice, you should seek legal assistance.

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