KNOW YOUR RIGHTS
Professional Negligence:

Persons are entitled to receive compensation for their losses that resulted from the Professional Negligence of attorneys, doctors, accountants, architects, dentists, therapists, and other professionals.

Professionals are responsible for the harm caused by them when they fail to exercise due care under the circumstances. The care required of a professional is not measured against the ordinary person standard. The care of a professional is measured against the prevailing standard for that profession in the local community.

Medical professionals are not responsible for more than $250,000.00 in non-economic losses, regardless of the grievous nature of the injury. A child facing a lifetime of, for example: the loss of a leg; the inability to get out of a wheel chair; the lack of bladder control; the loss of cognitive skills; blindness; pain; etc.; is limited to no more than $250,000.00 for those non-economic damages. This the result of a law that by shorthand is called MICRA.

From this $250,000.00 limitation on recovery, the injured patient must pay expensive experts to testify as to the standard of care and causation, adverse to their fellow physicians. However, now it is becoming more clear than many person in the medical industry are not covered by this arbitrary MICRA limitation on damages.

This MICRA limitation only applies to medical professional negligence. Damages for harm caused by attorneys and legal professionals are limited to what a client could have recovered from the defendant in the case that was mishandled by the attorney.

Many professional negligence cases also involve a claim for breach of fiduciary duty which shifts the burden of proof on the cause of harm suffered by the plaintiff.

Is an attorney responsible for telling a client to agree to a stipulated judgment against her for $280,000.00 for failing to file accounting in probate for her disabled mother, telling her that it would be paid by the insurance company but not telling her that the insurance company would then sue her for repayment of the money? Result: $1,063,835.00. Collini v. Black, BC 238087 Los Angeles Superior Court.

Was an attorney responsible for telling a client he had received a default judgment for more than $1,000,000.00 when in fact the case was dismissed for his failure to prosecute? Pending . . . .

Is a surgeon responsible for leaving a sponge in the leg of an elderly woman after surgery, which then produces an infection that ultimately results in the amputation of that leg? Pending . . .

Was an attorney responsible for filing a lawsuit against an employer for sexual abuse of an employee and not including any allegation of a violation of the Fair Employment and Housing Act which gives the additional remedy of reimbursement of attorneys fees? Result: $250,000.00 settlement.