Professional malpractice claims arise when a professional fails to provide adequate services by failing to conform to the applicable standard of care when performing services. This can be in the form of physician and medical malpractice, attorney malpractice, broker malpractice or malpractice by a certified public accountant or any other licensed professional.
Broadly speaking, there are four basic elements to a claim for professional malpractice.
A professional relationship is required. The plaintiff must show that there is professional relationship with the defendant, meaning that the defendant was acting in his or her professional capacity and was the plaintiff’s doctor, attorney, broker or accountant. Generally speaking, once the relationship between the plaintiff and the professional is established, the profession must comply with the applicable standards of care when providing professional services.
Establishing that the professional breached his or her duty of care. There must be a showing that the professional failed to comply with the applicable standard of conduct (care) and custom of practice that a professional normally would in the particular situation. Proving a breach of the applicable standard of care will often include expert witness testimony focusing on the applicable standard of care for the particular professional that is the defendant.
A showing that the professional’s failure to comply with the applicable standard of care caused damage to the plaintiff. The plaintiff must demonstrate that, as a result of the professional’s negligence, plaintiff has suffered damages.
The plaintiff must prove the amount of damages suffered as a result of the professional’s negligence. Again, often an expert witness is retained in order to provide a detailed analysis to the jury of all economic harm suffered by the plaintiff as a result of the malpractice.
In litigating professional malpractice claims, Mr. Van Buskirk focuses on representing plaintiffs in the following types of malpractice cases: attorney malpractice; physician and medical malpractice; broker malpractice; and CPA and accountant malpractice.
If you believe that you have been injured as a result of professional malpractice, please contact Mr. Van Buskirk for an initial consultation in order for a review the facts of your case.
Mr. Van Buskirk is a seasoned attorney, having exclusively practiced in the civil litigation arena since becoming licensed as an attorney in 1997. He has successfully represented clients before the California Supreme Court as well as the California Court of Appeal.
Mr. Van Buskirk proudly serves clients throughout California with emphasis on Los Angeles County, Orange County, Riverside County and San Bernardino County.
Physician and Medical Malpractice
CPA and Accountant Malpractice