Also known as: malpractice · malpractices
Written by attorneys · grounded in primary & secondary sources — see below
Professional negligence by which a licensed practitioner causes harm through failure to meet the standard of care a reasonably competent member of the profession would exercise under similar circumstances.
Madison Meyers asked her lawyer to sign a retainer that capped any future malpractice recovery at the amount of fees paid. The lawyer presented the clause without arranging separate counsel for Madison. When the underlying case later collapsed, Madison sued for the full loss. The agreement failed to shield the lawyer because Madison had not been independently represented when she signed.
Melissa Mills hired Miles Montgomery to sue for a workplace injury. Miles missed the statute of limitations and paid Melissa a small sum from his own pocket while telling her the case had simply been weak. He never disclosed that she might have a malpractice claim or suggested she consult another lawyer. The disciplinary board treated the concealment and self-dealing as serious misconduct warranting sanctions beyond ordinary negligence.
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Melanie Morris calculated the wrong deadline for a contract claim and the suit was dismissed. The client sued her for malpractice and recovered damages. The bar grievance committee declined to impose discipline because the single miscalculation did not demonstrate unfitness to practice law.
Musa Mensah sued his former firm for overbilling and inadequate representation in a commercial dispute. The firm obtained internal notes and client instructions to defend the malpractice allegations. The court allowed the disclosure under the self-defense exception because the client had placed the representation at issue.
Mina Mehta met with a lawyer for an initial evaluation of a potential product-liability claim. The lawyer reviewed documents, gave advice on next steps, and said he would follow up. He never contacted her again and the statute of limitations expired. Mina sued for malpractice. The court held that an attorney-client relationship and duty of care had formed during the consultation.
A physician performed an abortion without first obtaining the required certification that the patient had received state-mandated information. The state medical board charged the physician with unprofessional conduct subject to license suspension. The physician argued the statute was unconstitutional, but the court upheld the professional-discipline provision as enforceable.
A single negligent act that supports a civil malpractice claim does not by itself warrant discipline unless the conduct is so gross that it demonstrates unfitness to practice law. Discipline and malpractice serve different purposes and apply different thresholds.
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The self-defense exception permits a firm to use client communications and work product necessary to respond to allegations of overbilling or inadequate representation because the client has placed the representation at issue.
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Yes. An attorney-client relationship and its attendant duties form when a lawyer gives legal advice during an initial consultation and the prospective client reasonably relies on it, even without a formal retainer or fee.
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A lawyer may not prospectively limit liability for malpractice unless the client is independently represented when making the agreement.
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…the meaning of that term as defined by the act of October 15, 1975 (P. L. 390, No. 111), known as the Health Care Services Malpractice Act." "§ 3206. Parental consent. "(a) General rule.—Except in the case of a medical emergency or except as provided in this section, if a pregnant woman is less than 18 years of age and…