Professional Malpractice
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Professional Negligence Attorney in Florida
Professional negligence occurs when a professional fails to provide the standard of care expected in their field, leading to harm to a client. In Florida, as in other states, those affected by professional negligence have legal rights and avenues for recourse. If you’ve hired a professional in Florida, it’s essential to understand the legal framework and steps to safeguard your rights. Under Florida law, certain occupations are defined as “professionals” based on the specialized skills, training, and qualifications required to perform their duties. Occupations which count as professionals in Florida are:
When doctors, lawyers, or accountants fail to meet the standards of their professions, devastating results may occur. The attorneys at Joshua Smith, P.A. specialize in professional malpractice cases, holding negligent professionals and their insurance companies accountable. If you’ve been harmed by the actions or inactions of a professional, contact us immediately since these cases often require thorough investigation and expert testimony.
Professional Negligence Law Practice Areas
Our legal team has the knowledge and resources to pursue justice for clients in professional malpractice cases. We strive to hold negligent professionals accountable for their actions.
- Physicians (MDs and DOs)
- Surgeons
- Dentists
- Nurses (RNs, LPNs, Nurse Practitioners)
- Pharmacists
- Optometrists
- Chiropractors
- Podiatrists
- Mental health professionals (Psychologists, Psychiatrists, Licensed Therapists)
- Attorneys (Lawyers)
- Paralegals (in certain contexts where they are providing professional services under the supervision of a lawyer)
- Accountants (Certified Public Accountants or CPAs)
- Financial advisors
- Insurance agents
- Architects
- Engineers (Civil, Mechanical, Electrical, etc.)
- Land surveyors
- Real estate agents
- Real estate brokers
- Appraisers
- Veterinarians
- Professional engineers
- Architects and landscape architects
- Social workers
- Educators (in specific contexts, such as school administrators or counselors)
Why Choose Joshua Smith, P.A.?
These professions typically require specific licenses, certifications, or accreditations to practice legally in Florida, and they are held to higher standards of care due to their specialized knowledge and training. They can be held liable for professional negligence or malpractice if they fail to meet these standards.
Establishing a Negligence Claim
Once you have established that you have hired a professional, the next step is to determine if what happened to you can establish a claim for professional negligence against you by proving the following:
Duty of Care
The professional owed a duty of care to the plaintiff. This means that there was a professional relationship between the plaintiff and the defendant, where the defendant was expected to provide services according to the standards of their profession.
Breach of Duty
The professional breached their duty of care by failing to meet the standard of care expected in their profession. This breach can occur through action (doing something improperly) or omission (failing to do something that should have been done).
Causation
The breach of duty must be the direct cause of harm to the plaintiff. The plaintiff must demonstrate that the professional’s negligence directly resulted in their injury or loss. This often involves proving both "actual cause" (the harm would not have occurred but for the professional’s actions) and "proximate cause" (the harm was a foreseeable result of the professional’s actions).
Damages
The plaintiff must have suffered actual damages due to the professional’s negligence. These damages can be physical injuries, financial losses, emotional distress, or other harm that can be quantified and compensated.
Proving Professional Negligence
To successfully pursue a claim, the plaintiff typically needs to provide evidence, such as expert testimony, to establish the standard of care, how it was breached, and the connection between the breach and the resulting damages. In some professions, Florida law may also require the plaintiff to go through specific procedural steps, such as pre-suit notice or mediation, before filing a lawsuit.
