With 70+ Years of Experience, our New York Professional Malpractice Lawyers Will Protect your Rights
At Warner & Scheuerman, our New York professional malpractice attorneys are knowledgeable, results-focused advocates for clients. With experience representing victims of malpractice, we have the skills and background to handle the full range of professional negligence claims in New York. To schedule a strictly confidential initial consultation with a top-rated New York professional malpractice lawyer, please call our Manhattan law office today.
What is Professional Malpractice?
A professional has a basic responsibility to provide clients with an adequate level of care and service. When they fail to live up to their duties, they may be held legally liable for resulting damages. Professional malpractice is negligence or incompetence on the part of a professional that causes avoidable harm to a client. To bring a successful professional negligence claim in New York, a plaintiff must prove the following four things:
Duty of Care
The professional must have owed a duty of care to the client. As an example, a law firm can only be held liable for malpractice if the plaintiff can prove an attorney-client relationship was formed. Likewise, a doctor-patient relationship must have existed in order to bring a medical malpractice claim.
The professional must have failed to provide services with an adequate level of skill, care, and prudence. Professional negligence comes in many different forms—from an attorney missing a statutory deadline to an architect violating building standards, to a doctor carelessly failing to “rule out” a diagnosis.
A professional is only liable for malpractice if their negligent conduct (inadequate service) was the proximate cause of the plaintiff’s losses. A proximate cause is a legal cause—it is a cause that is linked closely enough to support a finding of liability.
To hold a professional liable for malpractice, a current/former client must show that they suffered actual financial harm or physical injury as a consequence of inadequate service they received. Without damages, there is no malpractice claim.
New York Statute of Limitations Professional Malpractice
If you or your business suffered losses due to professional negligence, it is imperative that you take immediate action to protect your rights and interests. You must comply with the statute of limitations for professional malpractice. Failure to do so could result in your claim being dismissed without a review on the merits. Call an experienced New York professional malpractice attorney as soon as possible.
How much time you will have to file depends, in part, on the underlying circumstances of your case. As an example, New York medical malpractice claims are subject to a two and a half year statute of limitations (N.Y. C.P.L.R. § 214). With other types of professional malpractice claims, you will have up to three years to bring a claim.
Representation for Victims of Professional Malpractice
Professional malpractice in New York is a complex area of law. At Warner & Scheuerman, we have a proven record of success representing individuals and companies who have suffered damages due to a professional’s negligence or incompetence. We provide fully-personalized representation to every client, and we will be meticulous in preparing your case and crafting a strategy focused on results. Among other types of malpractice cases, we have experience handling:
- Legal malpractice
- Medical malpractice
- Architect malpractice
We are forceful, results-oriented advocates for victims. Our New York professional malpractice attorneys are always relentless in pursuing justice and the maximum available financial compensation for clients. We have recovered multi-million dollar verdicts and settlements in medical malpractice cases and legal malpractice cases.
Legal Guidance for Professionals in New York
With a comprehensive understanding of the laws that govern malpractice claims, we offer legal guidance to professionals regarding their practice and potential exposure to liability. If you are a professional with questions about your legal responsibilities, our law firm can help. Our New York professional malpractice lawyers will put the time and resources behind your case to get the best possible outcome.
How Do You Prove Professional Malpractice in New York?
Professional malpractice cases are complicated. To prove liability, a plaintiff must satisfy every element of New York malpractice laws. To start, this means establishing that a qualifying relationship existed between the parties—such as a doctor-patient relationship (medical malpractice) or an attorney-client relationship (legal malpractice). From there, you must prove that the defendant committed professional negligence. In this context, negligence is the failure to act with proper skill and prudence, given the specific circumstances. Finally, you must prove that the professional malpractice caused you actual harm. In the case of legal malpractice, the standard of causation is “but-for” causation. That is, you will need to prove that “but-for” the legal malpractice, you would not have been harmed.
How Much Compensation Can Be Recovered in a Malpractice Case in New York?
In New York, a victim of professional malpractice has the right to seek financial compensation that is equal in value to the actual value of their damages. Notably, unlike many other jurisdictions in the United States, New York does not have statutory caps in place for malpractice claims. As an example, a medical malpractice victim can seek financial compensation for the full value of their non-economic damages. There is no state-mandated cap on the amount of compensation that a judge or jury can award.
What Happens If the Statute of Limitations has Already Passed?
New York has a strict statute of limitations for professional malpractice lawsuits. If the statute of limitations has already expired, you may not be able to pursue a case in court. You should act as soon as possible after suffering an injury, a financial loss, or other harm related to professional malpractice. If you have any questions about the applicable statute of limitations in your case, contact the New York professional malpractice attorneys at Warner & Scheuerman for immediate help.
What Role Do Expert Witnesses Play in Professional Malpractice Claims?
Expert witness testimony is often used in professional malpractice lawsuits. In most cases, expert witnesses help to bring clarity to two key issues. First, expert witnesses can be used to establish and explain the requisite standard of care. Additionally, expert witness testimony can be used to show how the defendant (the professional) fails to live up to that standard of care. A skilled New York professional malpractice lawyer can connect to the expert witnesses you need to build a strong case.
Can a Professional Malpractice Lawsuit Be Settled?
Yes. Many professional malpractice claims are resolved outside of litigation. For example, research indicates that only about 5 to 6 percent of medical malpractice cases actually make it to litigation. Of course, defendants do not settle cases unless they are convinced that they face a risk of liability in court. An experienced New York professional malpractice attorney will help you prepare a strong, compelling legal case and represent you in settlement negotiations.
Are Insurance Companies Involved in Defending Professional Malpractice Claims?
Yes. Many professionals—doctors, lawyers, architects, etc—purchase malpractice insurance policies. An insurance company may end up being on the other side of a professional malpractice case. If you have questions about dealing with insurers, our New York malpractice claims attorneys are available to help.
Call Our New York Professional Malpractice Lawyers Today
At Warner & Scheuerman, our New York professional malpractice attorneys are skilled, experienced advocates for clients. We will relentlessly pursue justice on your behalf. If you have questions about professional malpractice, our attorneys are here to help. For a confidential review of your case, please contact our law firm today. We serve clients in New York City and throughout the Metropolitan area.