May I Recover Damages for Malpractice From a Professional Corporation?
Generally, yes. The corporation itself would be liable and some or all of its professionals will be personally liable for their own malpractice.
Most professionals are honest and diligent, although they are still human and can make mistakes. Where the mistake can be corrected, many professionals who become aware of a problem take the necessary steps to provide a remedy– without the need for any further action. Most professionals welcome the opportunity to make things right when given the chance. This helps you obtain immediate relief and lets the professional correct the problem before any others are hurt.
It is preferable to fix the problem rather than sue the attorney. At other times it is necessary to try to fix the problem using outside attorneys, (not the malpractice attorney) so that the original professional won’t be able to blame the plaintiff for the outcome. For example, if a case has been “marked off” the trial calendar, and your original attorney allowed this to happen and took no action, it is preferable and may be mandatory to use an outside attorney to try to get it back on the calendar. If the outside attorney fails then you will have cleared all hurdles to sue the original attorney.
State regulatory boards and licensing authorities often regulate the practice of professionals rendering service within the state. A professional must comply with the regulations established by the state in order initially to be licensed and thereafter to continue to be able to render services within the state. As part of the regulation of professional practices, these state agencies or organizations typically have review and disciplinary functions. Penalties and fines as well as the suspension or revocation of authority to render services in the state can be imposed by state agencies and organizations.
If you feel that a professional has committed malpractice, and you have been damaged, you should consult an attorney. This can set the wheels in motion to enable you to recover for the harm you were caused and to stop offending behavior by that and other professionals.
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