Blog Home

5 Different Types of Professional Malpractice in Florida
Posted By:

5 Different Types of Professional Malpractice in FloridaWhen you hire a professional to do a job, you hope they will perform that job to the highest professional standards. Sometimes, however, the people you hire don’t meet those standards and you might be able to sue for malpractice.

 

Malpractice is when a professional fails to use the appropriate level of care due to negligence or carelessness and it results in loss, damage, or injury. Professionals are held to higher standards than regular citizens, and therefore must be prudent when performing the job they were hired for.

 

In order for a malpractice suit to be viable, you have to prove:

 

  • The professional had a duty to their client;
  • The professional breached that duty;
  • The client experienced a loss; and
  • The loss was a direct and legal result of the professional’s breach.

You can file malpractice suits against any professional, but here are the five most common types of professional malpractice in Florida.

1. Medical malpractice

 

The most common type of professional malpractice is medical malpractice. People go to doctors and health care professionals for medical advice and treatment that will hopefully improve – not worsen – their lives. Most medical malpractice suits are caused by negligence due to a professional misdiagnosing a patient, failing to diagnose a patient, making a surgical error such as leaving a surgical tool in the body or operating on the wrong body part, making prescription errors, or because of birth injuries to the mother or baby during pregnancy and delivery.

2. Legal malpractice

 

When you hire a lawyer, you’re hiring someone to fight for you and your rights. A lawyer is responsible for giving you accurate legal advice and approaching your case in a reasonable way that matches professional standards.

 

If your lawyer is negligent in handling your case appropriately, you might be able to sue for legal malpractice. According to the American Bar Association, the most common causes of legal malpractice are failure to follow instructions, inadequate discovery of facts or investigation, failure to obtain client consent, and failure to know and/or apply the law.

3. Accounting malpractice

 

Accounting Malpractice Lawyer

Accountants are supposed to help you prepare and examine financial documents. If an accountant violates a professional standard of care, such as not filing a tax return on time, then he or she could be liable for malpractice. Accounting malpractice suits could be the result of improperly auditing financial documents, not giving suitable tax or accounting advice, or even committing fraud.

4. Pharmaceutical malpractice

 

People rely on prescription medications to continue living healthy lives. If, however, there are issues with your prescriptions, you might have a pharmaceutical malpractice suit. The most common causes of pharmaceutical malpractice are prescribing the wrong medication or wrong dosage, prescribing drugs that have been recalled, or prescribing drugs with unknown long-term negative side effects. Just remember that simply receiving the wrong prescription isn’t enough for a malpractice suit. Someone has to experience serious injury or death in order to hold someone responsible.

5. Engineering/architectural malpractice

 

Architects and engineers are responsible for designing structurally sound buildings. If there are major design errors, such as not having the appropriate load capacities, the end result could be serious harm or even death. In these cases, the engineer or architect who signed off on the design could be held liable.

 

If believe you or a loved one has been the victim of professional malpractice, contact a Florida personal injury lawyer today to discuss the details of your case.

 

 

About the Author:

 

Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented countless people in all kinds of personal injury cases, with a particular focus on child injury, legal malpractice, and premises liability. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum, is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, has been selected as a Florida “SuperLawyer” from 2011-2017 – an honor reserved for the top 5% of lawyers in the state – and was voted to Florida Trend’s “Legal Elite” and as one of the Top 100 Lawyers in Florida and one of the Top 100 Lawyers in the Miami area for 2015, 2016, and 2017.

AWARDS & MEMBERSHIPS

AWARDS & MEMBERSHIPS

LEAD COUNSEL

LEAD COUNSEL
RATED

Since 1997, the Lead Counsel Rating has been available for free to attorneys who have demonstrated the following three requirements:

Professional Experience
Peer Recommendations
Spotless Record

AWARDS & MEMBERSHIPS

LAWYERS OF DISTINCTION

LAWYERS OF
DISTINCTION

Lawyers of Distinction members have been selected based upon a review and vetting process from our Selection Committee. After a thorough review of credentials, attorneys are nominated by our Selection Committee. Lawyers do not pay for this nomination. These potential candidates who meet the criteria of our screening process have demonstrated a high degree of peer recognition and professional competence

AWARDS & MEMBERSHIPS

MILLION DOLLAR ADVOCATES FORUM
LIFETIME MEMBER

THE TOP TRIAL LAWYERS IN AMERICA ®

ONE OF THE MOST PRESTIGIOUS GROUPS OF TRIAL LAWYERS IN THE UNITED STATES. MEMBERSHIP IS LIMITED TO ATTORNEYS WHO HAVE WON MILLION AND MULTI-MILLION DOLLAR VERDICTS AND SETTLEMENTS.

AWARDS & MEMBERSHIPS

FLORIDA TREND’S

FLORIDA LEGAL ELITE
2011-2017

Now in its 13th year, Florida Legal Elite presents a prestigious roster of attorneys chosen for recognition by their peers.

AWARDS & MEMBERSHIPS

EXPERTISE

BEST PERSONAL INJURY LAWYERS IN FORT LAUDERDALE
2016

Our goal is to be a hub where qualified experts can connect with people to share their knowledge, experience, and skills.

AWARDS & MEMBERSHIPS

SUPER LAWYERS

TOP RATED PERSONAL INJURY LAWYER IN DAVIE FL
2011-2017

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.

AWARDS & MEMBERSHIPS

SUPER LAWYERS

FLORIDA TOP 100 LAWYERS
2015-2017

Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-approved law school libraries.

AWARDS & MEMBERSHIPS

AVVO

TOP ATTORNEY PERSONAL INJURY
10.00
SUPERB

Avvo was founded in Seattle, Washington by tech-savvy lawyer Mark Britton to make legal easier and help people find a lawyer.

REVIEWS

LEAVE US A REVIEW

CASE RESULTS

See More Results