The dictionary definition of professional malpractice states that it is a breach by a member of a profession of a standard of conduct or a standard of care. Medical malpractice is the most familiar sort of professional malpractice, since it can directly impact a person’s health or even life, and is thus commonly litigated. But it also can apply to a number of other professions.
Legal malpractice in New York City is a charge brought against an attorney either by a client or a third party for a variety of reasons. Sometimes this can derive from a billing dispute in a plaintiff accuses the lawyer of inflated or improper billing. Another cause for a professional malpractice claim against a lawyer would be the accusation that the attorney give improper advice, improperly prepare documents, fail to file documents, or make a faulty analysis. Another cause of a malpractice action is the accusation that a lawyer failed to communicate properly the difficulty of a particular case, resulting in a claim being filed that eventually was denied in court. Finally third parties may feel that they were adversely impacted by a lawyer’s actions, which might include defamation, infliction of emotional distress, malicious prosecution, and abuse of process.
Clergy malpractice is a trickier area of law, since it attempts to hold members of the clergy liable for advice they might give to parishioners. Generally these claims have been found to violate a clergy member’s first amendment rights. Some courts have accepted claims of professional misconduct against clergy based on infliction of emotional distress or a failure to follow their fiduciary duties.
For more information contact Pulvers, Pulvers & Thompson for all professional Malpractice in New York City.