The result is a breach of duty and cause for damages to be sought after by a plaintiff who has been victimized by such negligent misconduct. The failure to act in a professional demeanor can lead to significant injuries or losses which may result in a claim for professional malpractice.
Legal malpractice occurs when negligence, breach of fiduciary duty, or breach of contract is performed by an attorney. As a client, if you believe that the “standard of care” fell short by your attorney, this may be a case for New Mexico malpractice. The responsibilities of an attorney include representing a client within the bounds of law and within an ethical manner. In seeking advice, it is important to educate yourself on the process, costs and consequences prior to proceeding forward with filing your legal malpractice case.
There are numerous types of securities malpractice, including corporate fraud, insider trading and Internet fraud, to name a few. Securities fraud, often referred to as stock fraud or investment fraud, is a type of white-collar crime that occurs when a person or a company, such as a stock broker, brokerage firm, corporation or investment bank, misrepresents information that investors use to make decisions. The legal responsibility of an Investment Advisor or fiduciary, according to the Investment Advisors Act of 1940, is to place a client’s best interests ahead of their own. If an advisor does not exercise adequate diligence with a client’s portfolio, this may also be considered negligence of his professional responsibilities to the client.
When an accountant does not abide by the General Accepted Auditing Standards (GAAS) and the General Accepted Accounting Principles (GAAP), professional negligence and accounting malpractice have occurred. Some accounting areas in which a malpractice case is applicable are: failure to properly audit financial statements or detect defalcations, failure to provide correct tax advice, erroneous advice regarding accounting matters, inventory errors, accounting malpractice due to fraud, tax investment cases, securities fraud or CPA license fraud. When filing an accounting malpractice complaint, the plaintiff must prove that the accountant was negligent in offering the standard level of professional accounting care which is customary.
When a physician deviates from the applicable standard of care that a similar physician would exercise under the same circumstances, this is a case best handled by a medical malpractice attorney.
Proving medical malpractice, or any other type of malpractice, almost always requires the testimony of an expert witness in the same field of practice as the alleged negligent health care worker. A plaintiff must prove breach of the standard of care (a mistake that a prudent and reasonable doctor would not have made under the same circumstances), causation (proof that the injury would not have occurred or have been as serious if it wasn’t for the doctor’s mistake), and damages (in the form of lost wages, medical bills, agony, mental suffering or death).