Malpractice may arise from a professional's misconduct or failure to use adequate levels of care, skill or diligence in the performance of the professional's duties that causes harm to another. Malpractice typically occurs if a professional fails to exercise his or her professional skills at the level of care, skill and learning applied in similar circumstances by the average reputable member of the profession. Comparison of performance is based upon the standard of care for the professional in the "community" - what other professionals in the same field do for their clients who are located in the same geographic area.
In order for malpractice to be actionable, injury, loss or damage must be suffered by the person who retained the professional's services, or those otherwise entitled to benefit from or rely upon the professional's services. If you have sustained losses due to the negligence of a professional, you should seek the advice of a malpractice attorney, and do so quickly to ensure your rights are preserved.
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