PROFESSIONAL LIABILITY
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James B. Kamanski, Attorney at Law
10940 Wilshire Blvd., Suite 600
Los Angeles, CA 90024
(424) 901-8011 (424 is West L.A.'s newest area code)
(424) 901-8012 fax
james@jbeklaw.com
10940 Wilshire Blvd., Suite 600
Los Angeles, CA 90024
(424) 901-8011 (424 is West L.A.'s newest area code)
(424) 901-8012 fax
james@jbeklaw.com
Professional Liability
DISCLAIMER: The following content is not intended to be legal advice to the reader.
If you have clicked on this link, you may believe that you have received less than standard service from a
professional. "Professional Liability" is the same thing as malpractice. Most people think of medical
malpractice when they think of a professional making a costly mistake. But the term applies to any
professional, including lawyers, accountants, psychologists and psychiatrists.
The Basics of Professional Liability Claims
Medical malpractice deals with bodily injuries caused by a medical professional (typically a physician or
nurse) while rendering medical care. Medical malpractice can also be referred to as personal injury.
Click her for more on personal injury. Legal malpractice cases deal with legal claims or transactions that
were not handled properly by a lawyer. With few exceptions, the only "damage" is a loss of money.
Accountant malpractice claims deal with accounting matters that were not handled properly or figures which
were not calculated properly by an accountant. As with legal malpractice, the only "damage" is a loss of
money. Psychologist or psychiatrist malpractice claims are similar to medical malpractice claims, but they
deal with psychological injuries. The most common error made by a psychologist or psychiatrist is violating
"boundaries" in the therapy relationship. By far the most troubling boundary violation is sexual exploitation of
a patient, which usually wipes out the patient trust that is critical to successful therapy. All professional
liability claims require a showing that the professional against whom a claim is made acted "below the
standard of care" in his or her industry. This almost always requires another professional from the same
industry or field - an expert witness - to explain to a judge or jury what the standard was and how it was not
met.
What You Should Know About Professional Liability Claims
Professional liability claims involve an attack on the way an individual conducts his or her trade. Accordingly,
claims against professionals are usually taken personally. This reaction can create more incentive by the
professional to deny responsibility, in turn making resolution of the claim more difficult. Professional liability
claims usually cannot be resolved independently by the professional's malpractice insurance company without
the individual professional's consent. As such, no matter how bad the case may look against the
professional, he or she may often force the insurance company to mount a defense anyway. Again, this
makes resolution of the claim more difficult. As indicated above, professional liability claims almost always
require another professional from the same industry or field - an expert witness - to explain to a judge or jury
what the standard of care was under the circumstances when the damages occurred, and how it was not met.
This places greater emphasis and control in the hands of the expert witnesses involved in the case, and
professional liability cases are often won or lost almost entirely on the credibility of the experts. And,
because professional liability cases are so expert driven, the costs involved in preparing these cases are
usually very high. Finally, professional liability cases have varying track records of success. One cautionary
note to be aware of is that with medical malpractice cases, the statistical chance for a plaintiff prevailing at
jury trial is very low. Chances are greater for succeeding against other professionals, such as lawyers.
However, no person who feels they have been wronged by a professional should ever assume any
professional liability case will resolve easily or for little expense.
How do you get Started?
Pick up the phone and call Jim. Jim has a background in defending lawyers and has pursued actions against
doctors, psychiatrists, lawyers, and accountants when their professional services fell below the standard of
proper care and conduct. Jim will help you to evaluate your claim and will discuss with you the importance of
having an expert witness involved early on, both to assist in case evaluation at the outset and also to
continually evaluate the case as it progresses and develops. Your involvement in a professional liability
case may require more of your time than a personal injury case, and there is a greater chance you will need
to appear at a trial (in particular for medical malpractice cases).
If you have more questions about professional liability claims or getting started with a case, please feel free
to contact Jim by sending an email either direct or through the "Contact Us" page on this site, or by calling.
You may also call to set up an in-person meeting. All initial consultations are without charge, regardless of
whether Jim accepts your case.
DISCLAIMER: The content above is not intended to be legal advice to the reader.
If you have clicked on this link, you may believe that you have received less than standard service from a
professional. "Professional Liability" is the same thing as malpractice. Most people think of medical
malpractice when they think of a professional making a costly mistake. But the term applies to any
professional, including lawyers, accountants, psychologists and psychiatrists.
The Basics of Professional Liability Claims
Medical malpractice deals with bodily injuries caused by a medical professional (typically a physician or
nurse) while rendering medical care. Medical malpractice can also be referred to as personal injury.
Click her for more on personal injury. Legal malpractice cases deal with legal claims or transactions that
were not handled properly by a lawyer. With few exceptions, the only "damage" is a loss of money.
Accountant malpractice claims deal with accounting matters that were not handled properly or figures which
were not calculated properly by an accountant. As with legal malpractice, the only "damage" is a loss of
money. Psychologist or psychiatrist malpractice claims are similar to medical malpractice claims, but they
deal with psychological injuries. The most common error made by a psychologist or psychiatrist is violating
"boundaries" in the therapy relationship. By far the most troubling boundary violation is sexual exploitation of
a patient, which usually wipes out the patient trust that is critical to successful therapy. All professional
liability claims require a showing that the professional against whom a claim is made acted "below the
standard of care" in his or her industry. This almost always requires another professional from the same
industry or field - an expert witness - to explain to a judge or jury what the standard was and how it was not
met.
What You Should Know About Professional Liability Claims
Professional liability claims involve an attack on the way an individual conducts his or her trade. Accordingly,
claims against professionals are usually taken personally. This reaction can create more incentive by the
professional to deny responsibility, in turn making resolution of the claim more difficult. Professional liability
claims usually cannot be resolved independently by the professional's malpractice insurance company without
the individual professional's consent. As such, no matter how bad the case may look against the
professional, he or she may often force the insurance company to mount a defense anyway. Again, this
makes resolution of the claim more difficult. As indicated above, professional liability claims almost always
require another professional from the same industry or field - an expert witness - to explain to a judge or jury
what the standard of care was under the circumstances when the damages occurred, and how it was not met.
This places greater emphasis and control in the hands of the expert witnesses involved in the case, and
professional liability cases are often won or lost almost entirely on the credibility of the experts. And,
because professional liability cases are so expert driven, the costs involved in preparing these cases are
usually very high. Finally, professional liability cases have varying track records of success. One cautionary
note to be aware of is that with medical malpractice cases, the statistical chance for a plaintiff prevailing at
jury trial is very low. Chances are greater for succeeding against other professionals, such as lawyers.
However, no person who feels they have been wronged by a professional should ever assume any
professional liability case will resolve easily or for little expense.
How do you get Started?
Pick up the phone and call Jim. Jim has a background in defending lawyers and has pursued actions against
doctors, psychiatrists, lawyers, and accountants when their professional services fell below the standard of
proper care and conduct. Jim will help you to evaluate your claim and will discuss with you the importance of
having an expert witness involved early on, both to assist in case evaluation at the outset and also to
continually evaluate the case as it progresses and develops. Your involvement in a professional liability
case may require more of your time than a personal injury case, and there is a greater chance you will need
to appear at a trial (in particular for medical malpractice cases).
If you have more questions about professional liability claims or getting started with a case, please feel free
to contact Jim by sending an email either direct or through the "Contact Us" page on this site, or by calling.
You may also call to set up an in-person meeting. All initial consultations are without charge, regardless of
whether Jim accepts your case.
DISCLAIMER: The content above is not intended to be legal advice to the reader.