Nebraska Professional Negligence Attorney
Negligence is defined as a failure to provide a standard level of care in certain circumstances, whether through an action or inaction. Virtually anyone can be negligent by acting carelessly or without regard for the welfare of others, such as the driver of a car who does not look over his or her shoulder before backing out of a parking space and strikes a pedestrian as a result. In a professional setting, negligence is more clearly defined. People in professional occupations are held to a higher standard of conduct when it comes to their actions and behavior. What act or failure to act constitutes negligence may vary depending on the profession as well as the circumstances. However, professional negligence may be generally described as a breach of duty of contractual obligation by a person rendering professional services.
A person who works in a professional capacity, whether as a doctor, accountant, pharmacist, dentist, financial advisor, broker or lawyer, is held to a certain standard when it comes to rendering services to a customer or patient. This person has received special schooling, has earned one or more degrees and has undergone training to provide the services he or she advertises. The clients, patients or customers of that professional therefore have a right to expect a certain level of care. If the professional fails to deliver by providing substandard care or no services at all, the wronged party may have grounds for a civil lawsuit.
Negligence & Wrongdoing by Professionals
The following are examples of what may be considered professional negligence, though the specific circumstances may vary:
- A doctor who accidentally prescribes the wrong prescription to a patient, causing the patient to experience potentially life-threatening side effects.
- A tax accountant who fails to file a client's taxes on time, resulting in heavy penalties.
- A stockbroker who fails to exercise due diligence in investigating an investment recommended to a customer, causing the customer to suffer significant financial losses.
- A medical professional who fails to inform a patient of all the risks associated with a procedure. If the patient suffers an adverse reaction to the procedure, and would have selected another course of action if fully informed, this may provide grounds for a case.
- A construction company that provides substandard work that requires repairs far sooner than should be expected.
- A lawyer who simply does not take the time to investigate a client's legal issue to prepare a solid case on his or her behalf, resulting in an unsatisfactory verdict.
Professional Negligence Cases in Nebraska
In Nebraska, just like in all other states, there are particular rules and laws that apply to professional negligence actions. In general, the wronged party will have two years from the date of the alleged act or omission to take action. There are some exceptions. For example, if the wronged party did not discover about the act of negligence until after two years had passed, and the time of the discovery was reasonable due to certain circumstances, the wronged party may have one year from the date of discovery or when it should have reasonably been discovered to file suit.
Negligence can have a profound impact on an individual or company served by a professional individual or business. Financial losses, physical injury and even wrongful death may result. The goal of our firm will be to determine the true extent of these damages and then seek fair compensation by litigating our client's case in court. We will use our skill and experience to the utmost extent, drawing upon all of the different types of cases we have handled and clients we have represented to take the right approach.
