Professional Malpractice

Because malpractice cases involve members of a profession, many of the issues that arise are more complex than the issues in other tort cases. When an automobile driver runs a red light or speeds, the driver clearly has created a danger for other people on the highway and will be held liable if the dangerous driving results in an accident. In many malpractice cases, however, it is not as clear what the exercise of due care means. Often there are alternative ways to treat a patient or handle a legal issue. In a malpractice action, an expert in the field may have to testify about whether the conduct of the defendant (the professional) fell below what is expected of a professional in that field. It may also be difficult to establish whether the conduct of the defendant caused the injury to the plaintiff (the party seeking damages). A medical patient's health may have declined or a client in a lawsuit may have lost a case, regardless of whether the doctor or professional actually made an error. The plaintiff in a malpractice case must prove that the injury would not have occurred in the absence of the allegedly improper conduct.

Professional malpractice means that the professional failed to use the ordinary skill and care that would be used by other professionals in handling a similar problem or case under similar circumstances. The following are the elements:

• Duty: that the professional owed you a duty to act properly.
• Breach: that the professional breached the duty, was negligent, or did not do what he or she agreed to do.
• Causation: that this conduct caused you damages, and
• Damages: that you suffered losses as a result.

Since Medical Malpractice, Architectural Malpractice, or Engineering Malpractice cases are some of the most complex cases, they must be handle by an experienced attorney or law firm such as Finch McCranie, LLP. Our firm has handled some of the most complex malpractice cases around, such as the construction collapse of Philips Arena.

If you or someone you know has been involved in a serious accident in Georgia, Finch McCranie, LLP may be able to help you. For your convenience Finch McCranie, LLP offers you a Free Case Review. For immediate assistance, please contact us at Toll Free 1-800-228-9159 or fill out our Free Case Review Form. Remember that for over 30 years Finch McCranie, LLP has successfully helped hundreds of people to solve their legal problems: "Our commitment is to the victims, their families and their future..."

Go Back to Top

Recent Results

1. After a collapse during construction of Philips Arena in Atlanta, the firm represented the widow of an ironworker who was killed. By working with experts who had been involved in large construction projects such as the Georgia Dome and Turner Field, the firm uncovered the reasons for the collapse and filed a detailed lawsuit against eleven of the participants in the Arena construction. The case settled after only one deposition on terms favorable to our client.