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Professional malpractice, often referred to as professional negligence, occurs when a professional fails to meet the required standard of care in their industry, resulting in harm or damage to a client or third party. In Christchurch, New Zealand, this concept applies across various professions including medical, legal, financial, engineering, and others.
Engaging a lawyer becomes crucial when you believe you are a victim of professional malpractice. Instances may range from cases of medical negligence, legal malpractice by attorneys, incorrect advice from financial advisors, poorly executed services by engineers and more. If such negligence leads to harm, losses, or damages, a lawyer can help you navigate the complex legal process, gather evidence, calculate appropriate compensation, and help you claim it.
In Christchurch, the laws focus on the 'duty of care' concept, which professionals are obligated to offer their clients. If there's a breach of this duty resulting in damages, victims can sue for negligence. However, to claim compensation, evidence of harm or damage due to the breach is crucial. Claims should also be made within a certain time period, i.e., within six years from the date the negligent act happened or three years from the date the damage was discovered.
Any breach of duty of care by a professional that results in harm or damage to the client or a third party amounts to professional negligence or malpractice.
In most cases, emotional distress alone may not be enough to make a claim. However, if it can be proven that the distress has resulted in physical harm or financial loss, a claim may be possible.
Typically, the limitation period for a professional malpractice lawsuit is six years from the date the negligent act occurred, or three years from the date the damage was discovered.
Damage in a professional malpractice case usually includes actual financial losses, expenses incurred (such as medical costs), and any future losses caused by the negligence.
If the negligence happened outside of New Zealand but the professional concerned has ties to the country, or the resultant effects of their malpractice were suffered in New Zealand, a claim may still be pursued within the country.
The New Zealand Law Society and Health and Disability Commissioner are useful resources for matters relating to professional malpractice. They offer guidance and advice on laws, rights, and available remedies.
If you think you are a victim of professional malpractice, seek advice from a lawyer specializing in this field at the earliest opportunity. They will guide you through your legal options, necessary evidence, potential outcomes, and finally, the process of filing a lawsuit should it be required.
