Texas Accident Attorney

Professional Liability
You somehow find yourself wedged between your steering wheel and a semi, and those sirens and bright lights closing fast in your rear-view mirror are in direct response to the bad day your having. But while in transport to the emergency room, the rolling gurney collapsed, sending you plummeting four feet to the pavement. To make up for lost time, the medics hurled their vanguard over a few curbs, bouncing you around the interior like a pinball. Then the nurses, while attempting to stabilize your condition, rupture a blood vessel while trying to install an IV. The medication dispensed doesn’t just sedate you, but damn near leaves you comatose.

With that kind of treatment, who needs the vehicular collision?

Professional Liability often starts with good intentions and sometimes ends with failure to exercise reasonable care. That is to say, the professional whose hasty actions have caused the plaintiff harm are rooted in negligence. The expense of pursuing a civil lawsuit limits most professional liability claims to physical harm or financial loss. The latter, committed by white collar professions (accountants, engineers, architects, security advisers and financial brokers) is perpetrated through errors and omissions, the results which are often irreversible.

The Standard: The Reasonable Care Test is a flexible standard, and the surrounding circumstances depending on the profession are determinative. Everyone makes mistakes, and a momentary lapse of judgment or skill will not give rise to liability to an otherwise competent professional. But the law will usually not forgive a frivolous or dismissive approach to procedural protocol or prudent practice within the professional’s industry. The test is whether, in light of all the surrounding conditions, the conduct of the professional fell below the reasonable standard of care for the service providers in that given field.

Conversely, there are often professional liability conditions that do not start with good intentions. Many industries and corporate enterprises often impart an attitude of indifference regarding the ongoing health, welfare, and safety of the everyday employee. Mechanisms are in place, both at the state (Texas Workforce Commission) and federal (NLRB, OSHA) level to ostensibly ensure compliance. But this commonly does little more than assure companies will pledge token conformity with regulated business practice, leaving the unsuspecting employee - and ultimately, those affected by the provider's care - exposed to workplace hazards, risks, and dangers.

Has there been professional negligence/misconduct in your environment or workplace? Call us for effective, pragmatic guidance.

Setterberg Law Office