Accusations of malpractice can be applied to the actions of many types of professional corporations including accountants, stock brokers, billing companies, and attorneys. Specific forms of malpractice can include insider trading, misleading a client, making unauthorized transactions, embezzling, gross errors, negligence, and billing for services that were not provided.
How can I prove that a professional corporation committed malpractice?
Professional malpractice is a form of tort case, which means there are a few different elements the plaintiff must prove in order to sue for professional malpractice. Generally, to successfully sue, you must prove negligence or intent. To prove negligence, you’ll need to show that the actions of the corporation were so unreasonably careless that no reasonable corporation would have done them. To prove intent, you’ll have to show that the corporation did something wrong deliberately. Actual damages caused by the negligence: This means you need to have lost something and you’ll need to prove that the loss can be traced directly back to the corporation.
Can I sue the professional corporation?
If you are the victim of corporate malpractice, you may be able to sue either the corporation as a whole or the specific person who caused your injury.
Corporations are separate legal entities, which means a professional corporation is viewed by the court as a "person" who can be sued. But most corporations have a professional liability or umbrella insurance policy, which means that you will usually be dealing with an insurance company when you sue for professional malpractice. This also means you are likely to receive a settlement offer, as opposed to having to go all the way to court with your case.
If you believe you have been a victim of professional malpractice, you should strongly consider speaking with a lawyer for guidance and advice.