Medical or legal negligence occurs through unreasonable negligence or, more commonly, failure to provide the expected standard of care in a given community.  Medical or legal malpractice may involve criminal negligence, malicious intention or strict liability.  Tort law is state law created through state courts and generally using the Restatement of Torts (2nd) as an influential guide. 

In the medical field, when a doctor or health care professional agrees to diagnose or treat a patient, he or she has assumed a duty of care toward that patient. The health care provider may not be the doctor, nurse or a member of the staff.  It is possible that the individual is a lab or x-ray technician with certain qualifications for operating advanced medical equipment or interpreting results of tests.

Similar standards apply to an attorney who has agreed to represent someone legally.  In such an instance, the duty of representation is assumed and a standard of the profession is expected.

Malpractice laws are extremely complex.  Causing an injury may not be legal malpractice.  Ethically and legally there may be conflicts in duties.  For example, confidentiality between doctor and patient, attorney and client can conflict with the doctor's or attorney's duty to the community.  Does the patient's basic right to privacy mean that no one advises the patient's partner of a diagnosis such as AIDS?  Does the client's right to privacy mean that his current partner not be advised of a tax lien against their new business?  A doctor is legally obligated to report gunshot wounds or suspected child abuse to authorities.  An attorney is legally obligated to report certain facts to the courts.  For these reasons, most cases are brought before an arbitration panel prior to court.  

It is always advisable to be represented by an attorney during arbitration.

A facility or company may also be liable for malpractice.  Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law  - even a class action lawsuit.

Some examples of medical malpractice or negligence are misdiagnoses which result in delayed or inappropriate treatment.  Lifelong disabilities can result from negligent surgical treatment, dangerous delivery procedures for newborns and/or incorrect and sometimes deadly prescriptions.

Arthur M. Blue Law Office, P.A., Personal Injury lawyers, Carthage & Southern Pines, North Carolina - (910) 947-1500

Crouse Law Offices, James T. Crouse - Aviation Disaster & Personal Injury Attorneys, Raleigh, NC - (919) 861-0503

Keel & O'Malley, L.L.P., Personal Injury lawyers, Greenville, Tarboro, Edgecombe, Nash, Pitt, Martin, Halifax, Wilson, Bertie, North Carolina - (252) 758-7700

Poyner & Spruill, L.L.P., Multi-disciplinary, Raleigh, Charlotte & Rocky Mount, North Carolina - (919) 783-6400

Smith, Debnam, Personal Injury lawyers, Raleigh, North Carolina - (919) 250-2000

Teague & Glover, P.A., Personal Injury lawyers, Elizabeth City, North Carolina - (252) 335-0878

Tharrington Smith, L.L.P.,, Personal Injury lawyers, Raleigh, North Carolina - (919) 821-4711

Twiggs, Beskind, Strickland & Rabenau, P.A., Personal Injury lawyers, Raleigh, North Carolina - (919) 828-4357

Paul L. Whitfield, Personal Injury lawyer, Charlotte, North Carolina - (704) 372-8322