Professional malpractice is similar to legal malpractice, but it occurs when an accountant, or an architect, or an engineer or a broker, or a real estate agent, preforms professional services and gets something wrong. Malpractice is a professional's failure to use minimally adequate levels of care, skill or diligence in the performance of the professional's duties that causes harm to another. In New York, professional malpractice is defined as a "deviation from good and accepted practice, where the client has been damaged by that deviation, but for which, there would have been a different, better or positive outcome.
Malpractice can occur in any number of settings. It can happen when an architect tells you it’s all right to do a certain kind of construction, yet it violates building standards. It occurs when an insurance broker fails to get the correct insurance, and you cannot be indemnified. It happens when an accountant makes mistakes, and you pay additional tax.
Malpractice typically occurs if a professional fails to exercise his or her professional skills in an assignment he or she has accepted at the standard of care, skill and learning applied circumstances by the average prudent reputable member of the profession in the give in the "community". The analysis is based upon the standard of care for the professional in the community" what other professionals in the same field do for their clients who are located in the same geographic area. This question is of little importance in the City or State of New York, as the Courts will hold all attorneys to the same standard of professional performance.
What do you do? You seek a competent attorney and arrange for that attorney to represent you in a professional malpractice law suit. The Law Office of Andrew Lavoott Bluestone has 35 years of experience in representing clients and helping them to be compensated for their losses. He has obtained millions of dollars in awards for his clients. Andrew Lavoott Bluestone is Board Certified in Legal Malpractice, an honor reserved for the very few attorneys. He has been included in Best Lawyers in America since 2012. Look for him in the US News listings. He is ranked BV by Martindale Hubble and 10/10 Superb by AVVO.com
Andrew Lavoott Bluestone represents clients all over New York State, and is admitted to the Federal and State courts of New York. If you have a problem to discuss, call him at (212) 791-5600.
In order to sue for professional malpractice, the plaintiff must have retained the attorney. There must be a relationship between the professional and the plaintiff so that the professional owes the plaintiff a duty to perform the professional services. In attorney malpractice either a written retainer or proof that the attorney appeared for the client is sufficient. One may not, for example, sue the attorney representing one's opponent.
If you have been injured by the professional negligence of a professional, don’t think that nothing can be done. Your situation can be resolved with a call to Andrew Lavoott Bluestone.