Professional Malpractice

Malpractice occurs when a professional’s carelessness or failure to meet the standards of the profession causes injury or aggravates the problem he or she was employed to remedy. We handle a variety of malpractice cases, including:

Legal Malpractice

Failure to file a case on time, inadequate investigation or trial preparation, breach of trust, conflict of interest, improper drafting of documents are all considered legal malpractice. The statute of limitations is three years from the last act or omission of the attorney giving rise to the cause of action.

To prove legal malpractice, we must show that an attorney-client relationship existed, that the client suffered actual damages, and that the attorney’s negligence was the cause of the damages. One of the most common types of attorney negligence is failure to follow court filing requirements and statutes of limitations.

Medical Malpractice

Failure to diagnose cancer or other disease, misdiagnosis of disease, failure to perform or order appropriate tests, unnecessary or inappropriate surgery, inadequate post-surgical care, inadequate nursing care are examples of medical malpractice. In most cases, North Carolina law requires that any medical malpractice lawsuit be brought within three years of the date of injury.

Securities Fraud

Unauthorized trading, inappropriate advice, recommendation of unsuitable investments, churning of accounts, breach of trust, failure to execute trades in a timely manner are instances of securities fraud.

North Carolina Chapter 14 states: Criminal Laws makes it illegal to use fraud, a falsehood, or deceptive statement (representation) to obtain property or a thing of value. N.C.G.S. 14-100 makes offenses of $100,000 or more a Class C Felony in North Carolina, which is more than armed robbery charges.