Ronald David Ashby & Associates, P.C. 210 West Baltimore Avenue Media, PA 19063-3701 610.565.2200 ronald.ashby@rda-law.com
Ronald David Ashby & Associates, P.C.210 West Baltimore Avenue  Media, PA 19063-3701610.565.2200ronald.ashby@rda-law.com

Professional Mal Practice (Medical/Dental/Legal/Accounting)

Professional malpractice is more than you did not like the results of the actions taken by the professional. The standards are the same in professional liability in general as they are in simple tort liability. The only difference is that the standard of care in a professional liability deals with the duty of the type of professionals in the location where the incident occurred. So generally the more metropolitan, the higher the standard; the more rural, the lower the standard.


The violation of the duty remains the same as does the substantial cause along with incurring of damages. The fact that some professional may have done something wrong but did not cause you an injury is not sufficient to bring an action in the Commonwealth of Pennsylvania. All three elements must be present in order to be successful. However, the issue of damages may not be something that you can ascertain at the time. You may well need an attorney to review that.

 

In regards to the Statute of Limitation, generally speaking there are a number issues when the Statute of Limitation begins, when the injured party did or should have realized the malpractice has occurred will cause the statute of limitations to begin to run. Given that most individuals have no background in either medical, dental, accounting or legal to determine what actions taken by the professional were in fact incorrect this issue is generally resolved by the testimony of an expert witness. However the present law requires the statute of limitations to begin if the average individual would have or should have known the mal practice had occurred.

 

It should be noted at this point that in almost all malpractice cases, the moving party will be required to present an expert witness who will be qualified based on his/her training and education and will testify about the actions taken by the professional defendant were a breach of his/her duty for that location based on the applicable standard of care in and about the area.

 

There are generally no physical injuries as a result of malpractice (except for medical malpractice sometimes) and therefore no medical providers to see. There are generally no witnesses to the acts of malpractice. If it is medical malpractice you should review the area of MVA or Premise Liability for information on what to do to protect yourself as it relates to medical care and follow-up.

 

The damages in most malpractice cases are the result of the failure to do something. There can be liability for doing something so badly that an injury could occur.

 

These cases are a special type of Tort cases and you should be certain the attorney you select has had prior experience in the specific area before your case.