Though less frequent than medical and legal, malpractice can occur in any professional capacity.
Malpractice in any form is defined as "improper, illegal, or negligent professional activity". While most cases of malpractice are focused on medical and legal, there is a growing concern to examine financial malpractice.
As with any other service profession, financial professionals have a standard of care which they must meet. This is their fiduciary responsibility, which is considered the property or power entrusted to them to benefit their client. Negligence can occur when the financial professional fails to:
Consequences for financial malpractice range from a civil suit to imprisonment. Theft and fraud carry criminal charges and may result in jail time.
If you believe you you've been a victim of financial malpractice, discuss your case with a qualified Malpractice Lawyer. Law vary by state, you need the professional help of an experienced lawyer. You worked too hard for your retirement savings to have it taken away by the negligence of someone else.
Real estate malpractice is a relatively unknown aspect of malpractice law, but in a time of housing turmoil, one that's growing in demand.
Real estate agents are professionals who have a fiduciary responsibility to their clients - which now legally includes buyers as well as sellers with the increase in buyer agent and brokers. In a volatile housing market, the question remains open to debate over how much responsibility real estate agents are liable for.
Areas in which real estate malpractice can be argued:
Most cases of real estate malpractice focus on physical issues surrounding a real estate purchase. Most include known health issues, safety hazards, and/or maintenance issues. However, recent cases are now bringing home values into question.
If you believe you're real estate agent or broker hasn't performed to a basic standard of care, consult a local malpractice attorney. Real estate malpractice is a serious and emotional issue. Your malpractice lawyer is a professional, objective third party who works with your to save your property and your rights.
This occurs when a CPA or accountant gives a client incorrect advice on bookkeeping or other monetary practices, or is otherwise negligent. This can occur in tax preparation, estate planning, or auditing situations.
This is a very rare and non-traditional instance. Education malpractice occurs when negligence to teach can be proved. This is exceedingly difficult, and rarely won.
This is negligence or failing to exercise standards of care in clients' best interests. This can include bad investment advice or even fraud.
In this case, the malpractice tends to be more a failure to fiduciary duty. Stockbrokers are held to a higher standard of trust and must have the client's best interests in mind.
Discuss the merits of your case with a malpractice attorney near you. They know the laws pertaining to you case and can advise you on your rights.
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