What is Malpractice?
Generally, "malpractice" is defined as "the failure to exercise adequately, the skill, knowledge and care ordinarily possessed and exercised by other members of the profession acting under similar conditions and circumstances".
This does not mean that every time there is a "bad" or "unfortunate" outcome there has been malpractice. It doesn’t mean that every time a professional gives "bad" or "wrong" advice that he/she is liable for malpractice.
No professional is an insurer of a positive outcome for their patient or client. Generally, the action (or inaction) that creates liability is the professional’s failure to render professional services in a manner consistent with that of an ordinary or reasonable professional in the same or similar circumstances.
How can I tell if my case is "malpractice"?
In most every situation, it takes an "expert’s opinion" to assess "malpractice". An expert in the particular field would assess the situation and give an opinion as to what the standard of care was and if that standard had been violated. Keep in mind that different experts may have different opinions.
What should a victim of "malpractice" do?
Immediately consult with a law firm that handles malpractice cases. Keep in mind that there are specific time limits with which malpractice cases must be concluded or very specific documents filed. Some of these time limits may be as short as six months. Failure to comply with these time limits will result in the complete loss of all rights to pursue a malpractice claim.
Disclaimer: The Calilfornia legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. This web site is not intended to solicit clients for matters outside of the State of California. The lawyer responsible for this website is John Bisnar.
The Malpractice Attorneys at Bisnar|Chase are licensed to practice in California and Nevada. We represent Malpractice Injury clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their State, "pro hac vice", meaning "for this particular occasion". When in our client's best interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.
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