Professional Malpractice

What you should do if a professional fails to do the job right

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When you hire a professional in Maine whether it’s a lawyer, accountant, real estate agent, architect, building contractor, or a professional of any type you expect them to deliver services that meet, if not exceed, the standards in their field. In other words, you expect them to do the job right.

When a professional fails to meet industry standards, they can be held responsible for damages under Maine law.

Professionals often go to great lengths to avoid responsibility for their mistakes or wrongdoing. Their insurance companies and defense lawyers will use every possible tactic to delay the process, confuse the issues, and place the blame elsewhere.

For the best results, go to the best Maine professional malpractice lawyers

Widely recognized as the best malpractice law firm in Maine, Berman & Simmons is the firm insurance companies and defense lawyers don’t want to see in court. Our professional malpractice attorneys have the legal skills, toughness, and experience to win against any opponent. With us as your advocate, you can take back control and put yourself in a position of power. We approach the case with one goal in mind: full compensation for your losses. To us, any other result is unacceptable. We have recovered $1.25 billion for our injured clients.

A law firm that actually listens to you

We have helped countless victims who have been involved in professional malpractices cases and we understand the challenges you face. We realize that beyond the physical struggles, the emotional and financial impacts can be overwhelming.

Our lawyers and staff members take the time to listen to you, understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved.

How do I find out if I have a professional malpractice claim?

The first step in a professional malpractice case is for our lawyers to work with you to determine whether the professional deviated from industry standards and whether your losses can be directly tied to that failure.

Not every case with a bad result rises to the level of malpractice. State and federal laws and regulations are specific to each industry and specialty area.

Maine has strict statutes of limitations for filing a professional malpractice lawsuit. Berman & Simmons lawyers can help you protect your rights.

Professional malpractice can happen in a wide range of fields

  • Legal malpractice, including failure to follow codes of ethics; misuse of client funds; failure to meet deadlines or make appearances on behalf of a client; failure to properly prepare documents.
  • Accounting malpractice, including failure to properly prepare tax or other financial documents; misuse of funds; deviation from codes of ethics.
  • Real estate agent malpractice, including breach of contract; misrepresentation of the condition of the property; failure to repay earnest money deposits.
  • Architectural/engineering malpractice, including design errors; failure to properly consider load-bearing capacities; improper approval of a progress payment.
  • Mortuary/funeral home malpractice, including wrongful cremation or burial; loss of cremated remains; improper embalming.

A Law Firm That Listens

Berman & Simmons is widely recognized as the best personal injury lawyers in Maine and among the best in the U.S., having won many of the largest jury verdicts and settlements ever obtained for injured people in Maine.

Our trial lawyers have won thousands of claims on behalf of those injured in a car accident, and each year we build on that successful track record.

Our attorneys and staff members will take the time to listen to you, work to understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved. We help you recover and make sure you receive full compensation for your injuries and loss.

Take Back Control.

Get Peace of Mind

It never hurts to consult an attorney regardless of whether you decide to move forward.

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    Many states have strict deadlines for filing personal injury claims.

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    The other insurance company is likely already building their client’s case against you.

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    Witnesses may become unavailable and evidence may be lost or degraded with time.

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    You’ll need help navigating your medical care and dealing with financial pressures.

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    You need peace of mind to focus on your recovery.

$8.5 Million

Paralysis due to mismanagement of
degenerative spine

$2.5 Million

Catastrophic injuries in a head-on car accident


Wrongful death case involving negligent


Plaintiff Rear Ended by
Telephone Truck

$5 Million

Delay in diagnosis and treatment of cancer

$1.2 Million

Significant Head Injury Car Accident

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  • What field can professional malpractice happen in?

    Professional malpractice can happen in any field, but common fields are: 

    • Legal malpractice 
    • Real estate agent malpractice 
    • Funeral home malpractice 
    • Accounting malpractice
    • Engineering malpractice
  • What is the difference between negligence and malpractice?

    There are subtle differences between negligence and malpractice. Negligence refers to a lack of care that results in injury. Malpractice is a little more specific, and looks at the standard of care given, as well as the professional status of the caregiver. If the offender is not a professional, they are guilty of negligence. If the offender is a professional, and the offense took place in their practice, then there might be a basis for malpractice.

  • How can someone prove negligence or malpractice?

    In order to prove negligence or malpractice, the following must be established:

    • A duty owed to the client/patient
    • A breach of duty owed to the client/patient
    • Being able to foresee the consequences 
    • A direct consequence of injury
    • The extent of the injury itself
    • The extent of other damages

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