Errors, Omissions and Other Types of Malpractice

Errors, Omissions and Other Types of Malpractice in Atlanta

Even skilled professionals can make a mistake from time to time, but sometimes, even an honest error or simple bad luck can result in a malpractice claim, putting your career or business in jeopardy.

Errors and omissions malpractice can be brought by plaintiffs alleging professional negligence on behalf of a service provider who owed them a duty of care. They can arise from assertions of mistakes, oversights or alleged failures to perform services up to the professional standard, resulting in the plaintiff’s financial losses, harm or damages.

Malpractice claims can arise in a variety of professional capacities and can range in seriousness from failing to file important documents on time to giving incorrect legal advice or diagnosing the wrong ailment.

Malpractice claims aren’t always well-founded. In fact, there are many scenarios in which these claims are inappropriate or arise from the plaintiff’s lack of understanding about their own situation and professional standards. Regardless, businesses are still forced to spend a substantial amount on legal fees due to unrealistic expectations or client frustration.

Common Types of Malpractice

• Negligence: Neglecting to fulfill your responsibilities or meeting the minimum proper professional standard.
• Breach of Contract: Failing to uphold terms of a contract, whether that is missing deadlines or failing to deliver a promised service.
• Conflict of Interest: Exhibiting bias or influence in your work or failing to disclose existing conflicts of interest.
• Fraud or Misrepresentation: Lying or misrepresenting professional qualifications or services.
• Insufficient Investigation or Discovery: An inadequate performance of duties, such as failing to thoroughly investigate a patient’s condition to provide an accurate diagnosis or not obtaining crucial evidence for a client’s case.
• Lack of Communication: When a doctor fails to update a patient on their condition or an attorney neglects to inform a client about their case’s proceedings.

What Is Professional Liability Insurance?

Professional liability insurance, also known as errors and omissions insurance, safeguards businesses when an employee or contractor makes a mistake and the owner is faced with a malpractice claim as a result. It provides coverage for claims of negligence, errors, omissions or inadequate work and helps defray the related expenses – such as attorney fees, court costs and payment to the plaintiff.

Can I Still Be Sued if I Have Professional Liability Insurance?

Yes. Although professional liability insurance can provide financial aid and mitigate risks, it does not make you immune to lawsuits.

Certain types of claims may also not be covered by your insurance, such as those related to incidents that occurred after a specific date or those related to specific behaviors or injuries. Alternatively, your policy might have a limit, meaning they could hold you responsible for ensuing costs and damages if a claim exceeds the policy limit.

What Should I Do If I’m Sued for Malpractice?

You should contact your malpractice insurer and work directly with them to defend yourself. As long as you can prove you acted diligently and within the accepted standard for your profession, you can effectively defend yourself against a claim.

If you’re interested in working with a third-party attorney who isn’t on the payroll of your insurer, you may want to reach out to a dedicated malpractice defense lawyer. The experienced malpractice defense attorneys at the Law Office of Cameron Hawkins can help you build a compelling defense to protect you and your career.

Georgia requires the plaintiff to demonstrate that your alleged negligence was the direct cause of harm or financial loss, meaning the burden of proof is on them. Our attorneys will carefully review the malpractice claim, identify potential defenses the plaintiff may use and collect all relevant documents, communications and records to fortify your defense.

Our Skilled Attorneys Have Experience Facing Malpractice Claims and Are On Your Side

If you’re facing a malpractice claim, or if your professional liability insurance provider is disputing the scope of your coverage, the lawyers at the Law Office of Cameron Hawkins are there to help. We’re ready to protect you and your hard-earned reputation with a robust defense.

Our team will solidify the facts of your case and give you realistic expectations, keeping you informed and updated as we work hard to defend your rights. To schedule a free case consultation with one of our malpractice attorneys, call 678.921.4225 or visit us online today.