Question 1

What is professional malpractice?

Accepted Answer

Professional malpractice occurs when a licensed professional (attorney, accountant, financial advisor, architect) fails to perform services at the accepted standard of their profession, causing financial harm. Unlike medical malpractice, most professional malpractice cases involve economic rather than physical damages.

Question 2

How is a professional malpractice settlement calculated?

Accepted Answer

Damages equal the financial loss directly caused by the professional's negligence — what you lost or failed to gain because of their error, minus losses you would have suffered regardless. For attorney malpractice, you typically must prove you would have won the underlying case. Expert testimony from a professional in the same field is almost always required.

Question 3

How long do I have to file a professional malpractice claim?

Accepted Answer

In Massachusetts, you have 3 years from the date of the incident to file a lawsuit. Missing this deadline permanently bars your right to recover — act promptly and consult an attorney before the deadline approaches.

Question 4

What makes a strong professional malpractice case?

Accepted Answer

Strong cases have: a clear demonstrable error (missed deadline, incorrect legal advice, misappropriation of funds), an expert who will testify the standard of care was violated, and documented financial losses directly traceable to the error. Written retainer agreements, engagement letters, and billing records are critical evidence.

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