PROFESSIONAL MALPRACTICE

EPM has successfully represented clients in negligence claims against health care providers, lawyers and stock brokers. David C. Pishko is listed in Best Lawyers in America in the area of professional malpractice. The firm is experienced in this area of the law, and handles the following types of professional malpractice cases:

• Medical Malpractice
• Legal Malpractice
• Stockbroker and Financial Planners' Negligence and Misconduct
• Nursing Home Negligence
• Breach of Fiduciary Claims against
• Financial Institutions and others

All of us have an obligation to be reasonably careful in order to avoid injury to others. When a person's carelessness or negligence causes harm, such as when a driver violates the rules of the road and causes an accident, that person may be required to compensate the victim of his conduct.

The same general rules apply to professionals, such as doctors, nurses, lawyers and investment advisors, who provide specialized services to individuals. Each of these professions has rules, called standards of practice, which these professionals are expected to follow. When the conduct of a professional falls below these standards, his or her negligence is referred to as "malpractice." If this malpractice causes physical injury or monetary damage, the law holds the professional responsible to the injured person. For example, a doctor who negligently performs surgery or fails to diagnose an illness may be required to compensate his patient for the injuries caused by this negligence. Similarly, a lawyer who commits a procedural mistake that causes his client to lose a meritorious lawsuit may be required to compensate the client for her loss.

Determining the standards of practice applicable to a particular profession and establishing that a breach of these standards has caused injury can be very complicated and expensive. The services of an experienced attorney are required in almost every case in order to obtain a reasonable recovery. The lawyers at Elliot Pishko Morgan have extensive experience in representing the victims of professional malpractice and have achieved significant recoveries for many of their clients.

DO I HAVE A CASE?

Providing professional services always involves some risks, and not every bad result is grounds for a legal claim. However, there are circumstances when a professional's carelessness or failure to meet the standards of the profession causes injury or aggravates the problem he or she was employed to remedy.

Here are some examples of the kinds of situations which may give rise to a malpractice claim:

Doctors And Other Health Care Professionals
Failure to diagnose cancer or other disease; misdiagnosis of disease; failure to perform or order appropriate tests; unnecessary or inappropriate surgery; inadequate post-surgical care; inadequate nursing care.

Lawyers
Failure to file a case on time; inadequate investigation or trial preparation; breach of trust; conflict of interest; improper drafting of documents.

Stockbrokers And Investment Advisors
Unauthorized trading; inappropriate advice; recommendation of unsuitable investments; churning of accounts; breach of trust; failure to execute trades in a timely manner.

Because of the complexity of professional malpractice claims, determination of whether your case should be pursued can only be made after extensive investigation, including conferences with you, review of the relevant documents and records, and consultation with appropriate experts. If you believe that you have been injured by the negligence of a professional, we invite you to schedule an appointment to meet with us to discuss your case and determine whether further investigation is warranted. We have extensive experience in handling malpractice claims and have access to a variety of experts to assist us in analyzing your claim.

WHAT CAN I RECOVER?

In professional malpractice claims, as in all negligence actions, the primary remedy available through the judicial system is monetary damages. The kinds of injury for which you may be entitled to recover money depend on the type of claim. Here are some examples:

Doctors And Other Health Care Providers
In general, if a doctor or other health care provider commits malpractice which results in injury, the patient may recover the additional medical and hospital expenses incurred, future medical expenses, lost income, and compensation for pain and suffering and any permanent injury. If the malpractice results in the patient's death, his or her family may recover compensation for the loss of the deceased's support, services and companionship, in addition to the damages that could have been recovered by the deceased.

Lawyers
If a lawyer's malpractice results in the loss of a meritorious lawsuit, the client may recover the value of the lost claim - that is, the lawyer may be required to pay what the opposing party in the original case should have paid. If a lawyer makes a mistake in the drafting of a contract or other document, he may be required to restore the client to the position he would have been in had the mistake not been made.

Stockbrokers And Investment Advisors
If a stockbroker or investment advisor causes a client to lose money because of improper advice or unauthorized trading, the client may be able to recover these investment losses and other incidental damages.

DO I NEED A LAWYER TO FILE A MALPRACTICE CLAIM?

Professional malpractice claims are very complicated and require in-depth knowledge of both the subject matter and the procedural rules that must be followed. Moreover, these claims are always hotly contested, and professionals and their insurance carriers hire highly skilled attorneys to defend their interests and to limit their liability. The victim of professional negligence almost always requires an experienced, competent attorney to ensure that he or she receives full compensation for injuries and losses caused by the malpractice.

Malpractice claims against doctors, health care providers and lawyers are generally filed in state or federal court. Special procedural rules apply to these claims which must be followed in order to get the claim into court. Further, the law applicable to these claims is complex and ever changing. Our firm has extensive experience in handling these claims and our attorneys strive to remain current on the rules and legal principles applicable to these claims.

Claims against stockbrokers and investment advisors may be filed in court, but are typically resolved through arbitration. Arbitration has its own set of rules and procedures that must be followed. Our attorneys have handled numerous arbitration claims and have achieved significant results for our clients in these actions.

HOW IS THE LAWYER PAID?

Generally, our firm handles professional malpractice claims on a contingent fee basis. This means that we will retain a percentage of the total recovery, usually one-third, as our legal fee. If there is no recovery in the case, we will not be paid a fee. The specific fee arrangement in any particular case will be determined after our initial evaluation of your case.

WHAT ABOUT THE COSTS INVOLVED IN BRINGING THE CLAIM?

The expenses involved in bringing a malpractice claim against a professional can be significant. Charges will be incurred to obtain copies of records, to obtain the recorded testimony of the main witnesses (depositions), and to have the professional's services reviewed by appropriate experts. Most expert witnesses charge for their services, often at a rate of $250-500 per hour. The high cost of bringing a malpractice claim is the main reason why our firm conducts a thorough evaluation of each case before deciding whether we can represent a potential claimant.

Under the North Carolina Rules of Professional Conduct, an attorney is prohibited from paying these costs for the client. In most cases, however, we can advance these costs for you as they are incurred, and then be reimbursed out of the recovery when the case is resolved. This reimbursement for costs is in addition to our attorney fee. If we determine that your claim should be pursued, we will discuss with you the costs we expect to incur and the plan for payment of these costs.