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Malpractice law encompasses the misconduct or negligence practiced by any professional, from certified accountants to attorneys to doctors. Malpractice lawsuits can be brought against any professional person when wrongdoing has occurred. Professional malpractice includes medical malpractice, legal malpractice, dental malpractice, Veteran's Administration (VA) malpractice, accounting malpractice and more. Malpractice cases can also involve hospitals, VAs, pharmacies, and nursing homes.
A malpractice case can be brought against a professional person who improperly performs duties that results in a mistake or causes injury. For example, a number of malpractice lawsuits involve misdiagnosis and surgery mistakes, prescription errors, elder care negligence, and failure to adequately know the law.
The purpose of malpractice lawsuits is to hold professionals accountable while securing appropriate compensation for losses and suffering. Since a Statute of Limitations may apply to malpractice lawsuits—usually within two years--the victim or the victim's loved ones should file a complaint as soon as possible. Malpractice laws can vary significantly in each state.
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Medical malpractice can occur when a health care provider violates the malpractice laws and rules governing medical lawsuits and causes a patient to suffer an injury. A medical malpractice lawsuit can result from misdiagnosis, prescription errors, surgery mistakes, elder care negligence, birth problems and more.
Medical malpractice seems to be on the rise and medical malpractice suits abound in the US. Many people blame the lack of training and insufficient staff in the medical field but whatever the reason, almost 75 percent of settled malpractice claims involve human error.
A medical malpractice lawsuit can result from negligence by the medical practitioner, or by failure to take appropriate medical action. Some examples of medical malpractice include:
- Failure to provide appropriate treatment for a medical condition
- Misdiagnosis of, or failure to diagnose , a disease or medical condition
- Unreasonable delay in treating a diagnosed medical condition
Accounting malpractice is one of the most prevalent malpractice fields. It occurs when accounting professionals do not follow professional standards, particularly the General Accepted Auditing Standards (GAAS). If an accountant is negligent or violates the rules and guidelines of standard accountant practices and causes a negative outcome or financial loss for a client, he or she can be held legally accountable.
Some Accounting Malpractice suits include the following:
- Accounting Malpractice due to fraud
- Accounts Receivable Errors
- Certified Accountant Professional (CPA) License Fraud
- Failure to Detect Defalcations
- Failure to properly audit financial statements
- GAAP & GAAS Standards
- Inventory Errors
- Securities Fraud
- Tax investment cases
Legal malpractice claims can be filed when a lawyer or legal representation fails in the preparation, execution, or settlement of a client's case, resulting in additional legal consequences.
Legal malpractice means that your attorney has acted in a negligent manner when providing legal advice or representation. You must first prove that a lawyer-client relationship exists and show that the attorney violated a standard of care. And you must generally prove that damages actually were suffered as a result of the legal malpractice, and the nature and amount of those damages.
If you have suffered significant injuries from a negligent dentist, you may have a viable dental malpractice claim.
Dental malpractice generally refers to an injury caused by negligence or incompetence such as failure to diagnose or treat possible precarious oral conditions, delayed diagnosis or treatment of oral disease or other precarious oral conditions, as well as any intentional misconduct on the dental professional's part.
Negligent dental practice can include the following:
- Nerve injuries that affect a patient's ability to taste and/or cause permanent numbness in part of all of the tongue
- Complications arising from negligently completed crowns and bridges
- Dentists' failures to take into account a patient's relevant medical history
- Failure to detect oral cancer, periodontal disease, or other diseases
- Certain complications from anesthesia, even when releases are signed
- Unnecessary extraction of multiple teeth and/or extraction of wrong teeth
- Molesting a patient while under sedation
Dental Malpractice Lawyer
If you have believe that an injury has been caused in the practice of your dental treatment, i.e., dental malpractice, you can take the necessary actions with the help of a dental malpractice lawyer who is a specialist in the field. It is important that you find an experienced attorney to assess your case and determine whether your case is applicable to recover the injuries—from a complaint about services or fees paid to inappropriate treatment causing personal injury.
LawyersandSettlements makes it easy for you to find the right dental malpractice lawyer. We work with attorneys throughout the US and Canada who practice in this specialized area. As well, LawyersandSettlements.com provides comprehensive dental malpractice news coverage that aims to keep the public informed. We provide an online legal news source that includes interviews with dental malpractice lawyers.
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Malpractice Legal Help
If you have suffered malpractice from a professional, it is very important that you seek a lawyer in your state who specializes in malpractice law. A malpractice lawyer can determine what rights and options are available to you and if you are entitled to compensation for medical procedures, time off or work, and pain and suffering.
Updated on Oct-18-10
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