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 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.

We'll Take Care of the Heavy Lifting

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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.

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  • What is the statute of limitations for filing a lawsuit against the VA?

    Lawsuits against the Department of Veterans Affairs (VA) are governed under the Federal Tort Claims Act (FTCA). This law provides a set of limited exceptions to immunities otherwise granted to the federal government. Under the FTCA, a claim must be filed within two years of the date of injury. That means if you file a claim two years and one day after your injury, the statute of limitations will have run out, and your case will be barred (meaning that you are forever prevented from bringing the claim).

    Locating and interpreting statutory exceptions and deadlines can be extremely stressful, especially when you’re injured. We recommend contacting a competent personal injury attorney as soon as possible after your injury occurs. An experienced firm like ours will take the burden off your shoulders so you can focus on your recovery.

  • Am I eligible to file a lawsuit against the VA?

    If you are a veteran, you are eligible to pursue a lawsuit against the VA for negligence, misdiagnosis, or malpractice. The FTCA enables you to seek money damages to recover for lost income, medical expenses, pain and suffering, and emotional distress. If you are the surviving family member of a deceased veteran, you can bring a legal claim for wrongful death.  

  • How do I file a complaint against the VA?

    To file a claim against the VA, you must first submit a claim directly via Standard Form 95 (SF-95). This allows the VA to settle your claim out of court. Once the VA receives the claim, you may not file a lawsuit unless the VA refuses to settle for a reasonable amount or ignores the report for more than six months.

    SF-95 forms are incredibly complicated and best completed with an attorney’s assistance. Berman & Simmons takes no fee unless your case succeeds, and attorney assistance generally leads to higher monetary outcomes.

  • Can you sue the VA for medical malpractice?

    Yes. You can sue the specific licensed medical provider, as well as their employer. Hospitals and medical facilities are expected to properly hire, train, and monitor their staff, which means multiple parties can be held liable.

    To succeed in a malpractice claim, you need to show that a doctor/patient relationship was formed between you and the medical provider. This means the provider agreed either verbally or through their actions to provide formal medical advice or treatment to you (versus providing general advice). Once this relationship is established, your provider must conform their conduct to the standard of care set forth by the medical profession.

    If your provider fails to abide by the standard of care and you suffer injury as a result, you can sue for malpractice. An example of malpractice includes failure to diagnose, which occurs when you present with typical symptoms of a medical condition that your provider fails to identify. Failure to diagnose can cause treatment delays, allowing your condition to worsen, or new conditions to develop.

  • What is the VA 1151 claim?

    A VA 1151 claim is actionable in more limited circumstances than an FTCA claim. It is essentially a claim for disability compensation instead of money damages. The benefit of filing a VA 1151 claim is that it is less complicated than a lawsuit and tends to resolve more quickly. However, VA 1151 claims are limited to those involving a VA hospital, outpatient clinic, medical examination, or surgery.

    Our firm has spent years serving veterans and can help you determine the most appropriate claim for your circumstances. We offer risk-free consultations via phone or in-person and take no fee unless your case succeeds. Don’t hesitate to contact us today.

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