Legal & Medical Malpractice
Investigative Resource Center, Inc. handles both sides of malpractice investigations and also deals with both legal and medical malpractice suits. If you or someone you know is in need of investigative services for legal or medical malpractice, IRC is the investigative outlet you need to get the justice you deserve. Before we begin our investigations, it is important to know what constitutes legal and medical malpractice.
Legal Malpractice is the term used for negligence, a breach of fiduciary duty (the release of private information between two parties that is not legally allowed to be shared) or a breach of contract by an attorney that results in harm to their client. To move forward with a legal malpractice case, there needs to be substantial proof that an attorney's acts were not because of poor strategy, but because the errors made came at the hands of an attorney not fit to represent anyone in court.
Another instance in which legal malpractice takes place is when an attorney breaches the fiduciary duty between themselves and their client. In these situations, the attorney is almost always acting in their own interest instead of fulfilling the duty to act in their client's best interest. The common basis for legal malpractice suits arise when an attorney misses a key deadline for filing papers with the court or serving papers to another party. Regardless of what has occurred, if you feel you have been wronged, please contact one of our investigators immediately.
Medical Malpractice is the professional negligence by either act or omission by a health care provider in which the person treated was treated in a manner well below the accepted standard of practice-resulting in injury or death to the patient. The elements of a medical malpractice case are lengthy all five elements must be established and proven for a successful medical malpractice claim. They are as follows:
- A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
- A duty was breached: the provider failed to conform to the relevant standard care.
- The breach caused an injury: The breach of duty was a direct cause and the proximate cause of the injury.
- Deviation from the accepted standard: It must be shown that the practitioner was acting in a manner which was contrary to the generally accepted standard in his/her profession.
- Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease.
Medical malpractice lawsuits due have a statute of limitations and these limits are set by statutes in common law. The length of the time period and when that period begins vary per jurisdiction and type of malpractice that has occurred. Each state has different time limits set. (New York - 2 1/2 years from the date of malpractice or from the end of continuous treatment. New Jersey - 2 years from the date of malpractice or from the end of continuous treatment).
If you have any concerns, any at all, do not hesitate to call us at IRC Inc. No one deserves to be injured or even lose their life because of malpractice. Contact IRC, Inc. today and we will do everything in our power to bring justice to your case.