Professional Liability

 

The Firm’s attorneys have represented professionals against claims of professional malpractice. These professional groups include accountants, attorneys, architects, engineers, health care providers, insurance agents and brokers, pharmacists, personal care and nursing home administrators, veterinarians, and real estate agents, brokers and appraisers. Although a sub-part of negligence law, professional malpractice law involves several significantly different tests and burdens from the “usual” negligence concepts. Case law in these specific areas presents numerous unique problems - and advantages - to the defense of a professional. Experience in dealing with these differences matters!

Professionals involved in such cases often must consider certain business-related factors, such as the hidden costs of negative publicity or time out of the office when faced with the virtually inevitable dilemma presented by settlement overtures. In that many professional malpractice insurance policies require the insured’s consent to any settlement, the defendant professional is often faced with the same difficult decision as corporations and retailers. Specifically, is settlement the smart business decision, no matter how personally distasteful? The availability of an experienced, objective voice can help.

When the decision is made to investigate settlement, experience shows that certain strategies and techniques available via Alternative Dispute Resolution have a greater possibility of success in cases involving professionals. The experience of our attorneys with these strategies and techniques is invaluable in reaching a satisfactory resolution of a case.

When the decision is made to litigate, the advantage of experience is even more significant. Frankly, a professional accused of malpractice is on the defensive in more ways than one when in front of a jury. While distrust and outright dislike of professionals - particularly lawyers - is legendary, there are some methods and tactics that can help reduce or eliminate these emotions, and maybe even bring out the hidden respect that most people truly hold for a professional. In addition to the handling of cases, our attorneys have lectured extensively on malpractice claim avoidance techniques, including membership in the Pennsylvania Bar Association’s Speakers Panel which lectures to professionals statewide.
 

Representative Clients