Professional Malpractice Attorney – Greater Boston Massachusetts
Malpractice is defined as the failure to adhere to the “standard of care” for a particular profession. In order to prove malpractice, a plaintiff (the person bringing the lawsuit) needs to establish two things:
In most instances, the standard of care must be established through the testimony of an expert witness who is a professional in that field. So, for example, in legal malpractice cases it is typical to use attorneys or law professors as experts. There are instances in which no expert is needed, such as when there are standards of practice that the defendant has identified as being applicable to his/her own professional work, and where there is evidence that the defendant has violated those standards.
Boston Legal Malpractice Attorney and Professional Malpractice Claims
The law of malpractice also requires that there be a client relationship. This becomes particularly problematic in legal malpractice cases, where someone who did not have an attorney-client relationship with the defendant attorney claims that the attorney’s malpractice caused them a loss. In nearly every instance our courts have ruled that the absence of a client relationship between the plaintiff and the defendant attorney defeats any malpractice claim. There are limited exceptions (e.g. where an attorney representing the bank at a real estate closing fails to record certain documents from the closing and the buyer or seller sue the closing attorney).
If you believe you have a professional malpractice claim in Massachusetts, contact Attorney Alan Fanger
Attorney Alan Fanger is a Massachusetts professional malpractice and legal malpractice attorney. He serves the entire Greater Boston and Boston metro west region including Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland, Wellesley, and Weston, Massachusetts.