When you purchase malpractice insurance for your business, also known as professional liability insurance, you are protecting yourself in the event that your business’s actions harm others. However, when allegations of professional malpractice arise, the stakes are unquestionably high for all parties involved. Not only do professional licenses, careers, and reputations hang in the balance, but financial liability can also be substantial. To discuss your concerns involving professional liability and malpractice, contact Weiss Brown for a consultation.
Why Choose Our Phoenix Professional Liability and Malpractice Attorney?
- Our Phoenix professional liability and malpractice attorneys offer knowledgeable representation and customized strategies to protect businesses from the threat of malpractice lawsuits.
- We understand that malpractice allegations can be damaging and costly to a business’s reputation. Our goal is to vigorously defend our clients and protect their interests throughout the entire legal process.
- We have extensive experience in negotiating favorable settlements to avoid costly and time-consuming court battles.
Common Professional Liability and Malpractice Claims
Professional liability and malpractice claims typically involve allegations of negligence or misconduct by individuals or entities in the course of conducting business. These claims can arise in a variety of industries and professions and commonly impact accountants, architects, contractors, engineers, healthcare professionals, insurance agents, lawyers, and real estate agents. Here are some types of professional liability cases that are frequently pursued:
Directors and officers liability: Directors and officers can be accused of various actions, such as fraud, misuse of funds, conflict of interest and fiduciary responsibility, and shareholder derivative actions.
This can involve clients claiming errors or omissions in financial statements, tax returns, or other financial reports, resulting in financial losses.
This involves claims of failure to adhere to professional engineering standards, such as design errors, failure to identify potential hazards, and inadequate testing, resulting in injuries or damages.
Allegations that a financial advisor or brokerage firm engages in fraudulent or misleading practices, resulting in financial losses for clients.
Real Estate Malpractice
When a client claims that a real estate agent or broker failed to meet their professional obligations, resulting in financial losses. Examples include misrepresentation of property value, failure to disclose defects, and breach of fiduciary duty.
Allegations that a lawyer failed to meet the standard of care expected in their profession, resulting in harm to a client. Examples include missed deadlines, conflicts of interest, and breaches of fiduciary duty.
Resolving Professional Liability and Malpractice Claims
Malpractice disputes can be costly and damaging to our professional clients’ businesses and reputations. Therefore, while we do not hesitate to go to trial when it is in our clients’ best interests, we do work to resolve these claims promptly, informally, and confidentially where possible. Potential defenses include:
- Absence of Causation: The business is not directly responsible for the harm complained of by the plaintiff (the alleged victim).
- Assumption of Risk: This defense claims that the plaintiff knowingly and willingly assumed the risk of harm when they engaged in certain activities with the business.
- Comparative Negligence: This defense argues that both the business and the plaintiff were negligent and that the plaintiff’s negligence contributed to their own harm.
- Misrepresentation Defense: The business did not make any false or misleading statement that could have led to the plaintiff’s harm.
- Good Faith Defense: This defense argues that the business acted in good faith and did not intend to cause harm to the plaintiff.
- Statute of Limitations: The claim was made after the legal filing deadline had passed, which is two years after the cause of action accrues.
Work with a Professional Liability and Malpractice Lawyer
Weiss Brown is known for responsiveness and our ability to litigate complex cases effectively, and you can have confidence that your case is in capable hands. Call (480) 327-6650 or contact us online to discuss your case with a proven Phoenix professional liability and malpractice attorney.