 Professional Malpractice
 The attorneys of Jones, Jensen & Harris have extensive experience handling claims against professionals. In addition to handling more than 400 legal malpractice cases, we have also represented clients successfully in claims against physicians, hospitals, dentists, accountants and other professionals.
In the following paragraphs, we discuss some of the basics of professional malpractice claims and what constitutes professional malpractice.
Two often-repeated maxims are “To err is human” and “People make mistakes.” Human fallibility aside, we rely on professionals to do the things they are supposed to do, and not to do things they are not supposed to do, because a mistake made by a professional can have particularly devastating consequences. When someone seeks treatment from a physician, or seeks advice from a lawyer or accountant, they quite reasonably expect to receive from that professional a certain level of judgment and expertise. Malpractice occurs when the professional does not meet the standards of his or her profession, and the professional’s substandard conduct causes harm to the patient or client.
Perhaps the most familiar kind of professional malpractice claim is medical malpractice, which arises when a medical doctor or other healthcare professional deviates from the required standard of skill, care, and diligence expected of members of the medical profession. Recent studies suggest that tens of thousands of people, perhaps more than a hundred thousand, die each year due to medical mistakes. Many more people are harmed by medical mistakes. Under our civil justice system, patients harmed by such mistakes, and the families of those who die as a result of such mistakes, have the right and the opportunity to seek compensation.
Insurance companies have done a masterful public relations job in the past few years of trying to convince people that “frivolous lawsuits” are driving up the cost of medical care and causing physicians to stop practicing. In fact, plaintiffs’ lawyers are highly motivated to “weed out” claims that are not likely to prevail, because they are usually working on a contingency fee, which means that if the client does not receive anything, then the lawyers receive no fee. Our experience is that insurance companies are themselves the problem, as they are all too willing to take in money as premiums, but all too reluctant to pay compensation to injured persons with valid claims.
One critical factor to keep in mind if you believe you may have been harmed by the malpractice of a professional is that the law imposes a deadline for filing a claim. This deadline is called the statute of limitations. In Georgia, for medical malpractice cases, the period is generally two years, and for legal malpractice cases, it is generally four years. The determination of when the limitation period expires can be quite complex and is very much dependent upon the specific facts of the case. For example, what is the triggering event that starts the two (or four) year clock running? The key point is that anyone who is considering a claim against any professional should consult a lawyer as soon as possible.
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