Fort Lauderdale Professional Malpractice Attorneys

Legal Malpractice

Most attorneys are as honest and well-meaning as their neighbors, perhaps even more so due to our code of professional ethics, so when an attorney breaches a duty of care to a client, it stains the reputation of all attorneys.

The attorney-client relationship involves tremendous trust and confidence. The client relies on the attorney’s knowledge and diligence with little ability to judge the competence and timeliness of the lawyer’s work.

When a lawyer fails to live up to the minimal standards of competence and diligence required by the Rules of Professional Conduct, the consequences can be overwhelming.

A lawyer’s carelessness could mean a lifetime of Poverty and Death Row:

• Imagine a single mom who will never be able to work again because of a drunk driver that will never be compensated because her attorney missed the statute of limitations.
• Or imagine an innocent man accused of murder, who finds himself on death row because of legal incompetence. Even if he successfully overturns the conviction, he could spend years in jail. One shudders to think of the man unable to reverse the conviction.

Many lawyers refuse to accept legal malpractice cases because they fear repercussions from fellow attorneys. Anyone can make a mistake, and so while we sometimes find ourselves saying “there but for the grace of God,” we cannot turn a blind eye to neglect, carelessness, incompetence, or financial shenanigans. Not us. We consider it to be a professional obligation to right wrongs committed by disreputable fellow attorneys. While we will not hesitate where there is clear evidence of legal malpractice, we will candidly inform you when we believe that there is no case.

Trial lawyers have one of the most complex jobs imaginable. It requires single-minded attention, simultaneous attention to the witness, the judge, the court reporter, the jury, your client and the opposing counsel. In addition, it requires split-second decision-making, numerous judgment calls, the ability to think on one’s feet and the ability to pinpoint the location of documents and sworn statements. Mistakes are not infrequent when a trial is in progress, but a mistake in judgment or strategy, such as whether to call a certain witness, ask a certain question, or introduce a certain piece of evidence is not the same thing as malpractice.

There isn’t a single trial lawyer we know who doesn’t replay a trial in his or her head and wonder what they could have done better—even when they win. Lawyers cannot guarantee the outcome of a jury trial, but they are still expected to maintain basic levels of care. Sometimes, for example, a lawyer should know that when certain evidence is legally required to prove a case, the failure to have such evidence admitted may very well be malpractice if it causes the client to lose. Every case is unique and must be carefully evaluated.

Warning- The statute of limitations is short: generally two years from the date the malpractice was committed or discovered. Gathering all of the relevant documents just to evaluate a case can take months so it is essential that you get legal advice as soon as you suspect malpractice.

The longer you wait, the more trouble you will have finding a lawyer just willing to merely consider it, as no lawyer wants to accept a case with a looming deadline that would make it impossible to proceed.

Another disadvantage is that the longer you wait, the less opportunity exists to reach a settlement before filing suit and once the suit is filed, it is difficult to settle before the defense has had time to gather its own evidence and question all the key witnesses under oath. That can add 6 months to several years of delay before your case is in a position to settle or go to trial.

Medical Malpractice

Medical malpractice kills over 100,000 people annually. Botched surgery, medication errors, failure to diagnose or treat disease, nursing home neglect, sexual abuse of a patient are just a few of the ways medical malpractice can cause horrendous harm. While no doctor can guarantee a result, every health provider has a duty to maintain a basic standard of care.

These standards are not always obvious, such as a case where a surgeon leaves a tool in the body, or operates on the wrong eye. However, most of the time, a medical expert is required to determine whether a health provider has committed malpractice. An expert can cost several thousand dollars. It can take many months to gather the relevant medical records, locate a qualified doctor and get an opinion.

Most experts do not find evidence of malpractice, and a second opinion means more expense and more time. Contrary to the propaganda you may have heard in the news media, very few medical malpractice suits are brought frivolously. Lawyers are required to have a medical expert certify that a case is valid before they are permitted to file suit. Besides, the garden-variety medical malpractice suit can run over $50,000 in out-of-pocket costs—costs that are normally advanced by the attorney, plus several hundred hours of attorney and staff time. Lawyers who knowingly take a frivolous case would quickly go broke.

The statute of limitations is short: generally two years from the date it was committed or discovered, so it is essential that you get legal advice as soon as you suspect malpractice!

The longer you wait, the more trouble you will have finding a lawyer just willing to merely consider it, as no lawyer wants to accept a case with a looming deadline that would make it impossible to proceed—especially since the time before the lawyer receives the required medical opinion is out of the lawyer’s control.

If a qualified medical expert does conclude you were the victim of malpractice, we will gladly represent you so you can get the compensation you deserve.

Financial Malpractice

Brokers, financial planners, and accountants all have duties to maintain basic standards of professional care. Brokers cannot churn an account for the purpose of generating fees. Financial planners have no business putting people of modest means into pork-belly futures, putting people of means in to risky investment schemes. Accountants who misstate income or deductions can trigger fines, penalties, and even criminal investigations.

If you think you have been taken advantage of by a financial professional, contact us right away so we can help. We need ample time to gather the evidence. These kinds of cases are records-intensive, and crucial evidence can disappear or be destroyed if you hesitate.

If you think you have been mistreated by a professional causing you to suffer serious harm, contact us.

Other Malpractice

All professionals who have a license to operate can commit malpractice. Engineers, architects, general contractors, hair stylists, pest-control sprayers and on and on.

If you think you have been mistreated by a professional causing you to suffer serious harm, contact a lawyer at Shooster & Kleinman, P.A. for an initial consultation.

Shooster & Kleinman, P.A.
777 South State Road 7 Margate, FL 33068
Toll Free: 800-207-4004 Fax: 954-969-3911
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