What are some of the most common professional negligence claims?
Professional negligence claims are civil cases in Montana that involve a professional (like a doctor or lawyer) providing services that fall below an acceptable level of care. These claims usually allege that the professional breached their duty of care, which caused injury or damage and resulted in financial losses. One of the most common professional negligence claims in Montana is medical malpractice. This kind of professional negligence claim is filed when a medical professional breaches their duty of care and causes injury or even death to a patient. Typical medical malpractice claims involve misdiagnosis, failure to diagnose, wrong medication/dosage, and surgical errors. Another popular professional negligence claim is legal malpractice. This claim is made when an attorney provides inadequate or inappropriate legal services that result in injury or damage to their client. Legal malpractice usually involves issues such as negligence in filing important documents, failure to meet deadlines, or mishandling of a settlement. Another type of professional negligence claim is accounting malpractice. This claim is made when an accountant fails to keep accurate records or provides improper tax advice which causes financial damage to their client. Accounting malpractice usually includes mismanagement of accounting practices, incorrect auditing, or fraudulent activities. Finally, there are also claims of professional negligence related to engineering. This type of claim is filed when an engineer fails to use their professional training to create a safe structure or product. Typical engineering claims involve structural defects, incorrect designs, and inadequate testing of materials.
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