Professional Responsibility Claims in California
If you have been harmed by a professional, then a claim can be made against the professional’s insurer (if any), the professional’s company, and the professional personally.
We all owe each other a general duty of care not to harm another person due to our own actions. Professionals owe a duty of care, too, but their duty is held to a higher standard per their profession. This duty is referred to professional responsibility. When it’s breached, the injured party can file a claim in the State of California. Here’s an overview of what to know, while seeking legal advice for your specific situation.
What is Professional Responsibility?
Professionals owe a duty of care to their recipients, and this duty is understood through the rules and ethics designated by each respective profession. In many professions, licensure is required, meaning a license is issued only when the professional passes a test on ethics and rules. These ethics and rules are the basis of the standard of care (i.e., skills, knowledge, and care) professionals in the industry must give to their recipients. Even when licensure isn’t required, some professions still have certain ethics and rules to comply with or else risk disciplinary action.
Each professional industry has its own unique standard of care. The medical industry standard is different from the legal industry’s standard. Plus, their expected standard of care is higher than what is owed by each of us on an individual basis in our own communities.
What is Negligent Malpractice?
When a professional breaches his or her standard duty of care, this is referred to as professional negligence or negligent malpractice. According to CACI 600, negligent malpractice occurs when the professional fails to use the skill and care that a reasonably careful professional in the same profession and under similar circumstances would use.
If a case goes to trial, a jury will determine what reasonable care is based only on the testimony of expert witnesses in the field. So, your attorney must provide expert testimony to establish the “appropriate standard of care in the relevant community.” (Quigley v. McClellan (2013) 214 Cal.App.4th 1276, 1283 [154 Cal.Rptr.3d 719].
To note, a finding of medical negligence (medical malpractice) is defined under CACI 501 but is basically the same language.
Common Professions Where Negligent Malpractice Occurs in Los Angeles
The most common type of professional negligence or malpractice in Los Angeles is medical malpractice. These personal injury cases include all types of doctors, surgeons, nurses, medical staff, and just about anyone in the medical field. Other common professions that face negligent malpractice claims are:
- Financial professionals, like accountants, stockbrokers, and planners;
- Architects;
- Designers;
- Engineers;
- Real Estate agents or brokers;
- Scientists; and
- Lawyers.
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Does Professional Liability Cover Personal Injury Claims in California?
Professionals are responsible to their clients or customers––they owe a duty of care or a duty to perform as they should. Mistakes are made because professionals are human after all. Professional liability is a type of insurance that covers mistakes or negligence made on behalf of professionals. This insurance transfers the risk of liability to the insurance company.
There are different types of professional liability insurance policies based on the type of profession. For example, doctors or other medical professionals can obtain medical professional liability insurance. If the doctor operates on a patient and is negligent, causing harm, the patient could file a claim with the medical professional liability insurance company.
Not all professional liability insurance policies will cover property damage, personal injuries, or bodily injuries. Like any insurance policy, there will be exclusions. You will need an attorney who not only knows how to determine which parties against which to file a claim but if the insurance policies cover the harm.
The Path to Recovering Damages in Negligent Malpractice Claims
To recover damages for harm committed by any of the above professionals, a plaintiff must prove that he or she would have gotten a better result if the defendant (the alleged professional wrongdoer) acted reasonably. In other words, if the plaintiff would have suffered the same harm regardless of any action or inaction the defendant took, then the plaintiff does not have a viable claim against the defendant.
Keep in mind, too, that if the service the professional provides is not successful, that alone does not indicate the professional was negligent. Success is not required, and a jury will be advised of the same if the case goes to trial. A professional can make a reasonable error. The same is true if the professional chose one strategy over another even if the other strategy could have resulted in a better outcome.
To reiterate: the only way to succeed at a negligent malpractice claim is to show that the defendant did not use or did not have the skills, knowledge, or care that another reasonable professional would have under similar circumstances.
Trusted, Experienced Professional Responsibility Attorneys in Los Angeles
Filing an insurance claim or a suit against a professional and/or the professional’s insurer is critical to obtain just and fair compensation. Filing a claim can be daunting because (1) there’s a lot of information that needs to be put into the claim; (2) a lot of rules and procedures to follow to minimize rejection or denial; and (3) professionals and adjusters at big insurance companies are trained to refuse, deny, or reduce your claim through intimidation and other tactics. To be fair, in most cases, their primary concern is their finances and their employer’s bottom line. To have great professionals on your side, contact us immediately for a free evaluation of your personal situation.
