About Prenuptial Agreements

Malpractice is a part of tort law covering negligence by a professional, such as a breach of duty or a fail of generally accepted standards and guidelines. The plaintiff of the case is the person allegedly wronged, while the defendant is the professional they believe wronged them.

Medical Malpractice

This can happen when there is an act of negligence or an omission by a doctor or other healthcare provider from the necessary standards of their profession. This can occur when there is a death, disfigurement, or injury to the patient due to medical error. Typical cases tend to be when surgeons remove the wrong limb in an amputation, or needlessly doing a test or procedure that results in the harm of the patient. Cosmetic procedures commonly fall into these categories. Doctors buy medical malpractice insurance to help offset the costs of the suits filed from this type of tort.

Legal Malpractice

When there is a breach of contract with an attorney, or a breach of fiduciary duty, it is called legal malpractice. There is a level of negligence that the plaintiff will need to prove, showing the lawyer’s acts were not poorly done strategy but errors that a reasonable lawyer would not normally make. It has to prove injury to the plaintiff, in circumstance or by finances, that would not have occurred had the attorney not have been negligent. This can also happen when there is a breach of contract by the attorney with the client they have signed with.