Professionals often put their heart into their work. This can make it especially disheartening to find out that they are a part of a professional liability claim. These claims are often quite complicated due to insurance issues. An Acadia Parish professional liability lawyer can solve the problem so that you can get back to your practice.
We fight tough opponents. At Gibson Law Partners, LLC, we defend professionals in malpractice claims. Our success in the Fifth Circuit Court of Appeals shows our dedication. We have experience across many different industries.
Professionals are held liable if they are considered to have committed malpractice. Not every bad result counts as malpractice. For a professional’s action to rise to the level of malpractice, it must go beyond a simple mistake.
The work must fall below what is normally expected in the field. That means a reasonable professional in the same situation would have acted differently.
The standard of care changes from one profession to another. A CPA might face malpractice for violating accounting standards. An attorney might face a claim for missing a deadline that cost the client their case.
Each situation depends on the details of the case. Courts look at how the professional acted. They need to determine whether these actions caused damage. Without that link between the poor service and harm, there’s no claim.
Licensed professionals in Louisiana face risk when clients claim they received substandard service. These risks span a wide range of fields, including:
Each of these fields has its own risks, but all claims require proper documentation.
Professional liability insurance covers many types of malpractice claims. Some industries are required to have this coverage. Others carry it to protect their reputation.
Not every claim is covered. If the professional acted outside their role, coverage may not apply. Policy language is important here. Coverage disputes are common. This is especially true in high-stakes claims with multiple people involved.
An attorney can develop the right legal defense for a professional facing a claim. The first step they normally take is to challenge whether the professional’s work really fell below the standard of care. This usually requires professional testimony.
Another tactic is to argue that the damage would have happened anyway. For example, a lawyer might say the client would have lost the case, no matter what. A doctor might show that the injury came from the illness itself, not the treatment.
Without an attorney, it can be hard to find what defense is most effective. That’s why working with a professional liability lawyer is important.
Even weak claims still benefit from an attorney. These cases can change based on technicalities. An attorney knows how to handle these issues.
The other side will likely have legal counsel. If you don’t, you’re already at a disadvantage. A commercial litigation lawyer can protect your position from the start.
A: Usually, professionals cannot be sued for mistakes that don’t cause harm. Just making a mistake doesn’t support a malpractice claim. This applies even if the mistake is serious. The damage must be real. Courts look for concrete losses like financial harm. Other common reasons for a claim are a loss of rights or property damage.
A: Professional negligence means that a professional did not meet their standard of care. That standard depends on what’s normal in the profession. A doctor might be negligent for not following treatment guidelines. The American Medical Association (AMA) estimates that one in three doctors are sued for malpractice during their career. The law asks what a competent person in the same field would have done.
A: In Acadia Parish, the defenses available for a professional liability claim are numerous. One is to argue that their actions were within the accepted standard of care. Another is to show how the client didn’t suffer any real harm. A third is to argue that someone else caused the harm. Timing can also be a defense. If they waited too long to file, their case might be weaker.
A: The types of professionals that can face liability claims are nearly endless. Any licensed professional can face a claim. People rely on these professionals to do their jobs with care. Sometimes, that doesn’t happen. This leads to claims. Even product designers can face liability for harm. The median award for a product liability claim in 2020 was $3,908,111.
The results from a professional liability case can be quite lasting. Malpractice claims serve a necessary purpose. However, the professionals involved should be represented fairly. Schedule a consultation with Gibson Law Partners, LLC, to learn about your potential path for resolution.