A charge of professional malpractice may rise and fall on the proof that you acted negligently. Texas law and federal law agree that lawsuits accusing malpractice must evidence supporting the claim.

At Banowsky & Levine, P.C., we appreciate how important your reputation and professional license is. We have put together some basic information on the difference between a finding of negligence and a mistake.

Negligent behavior

Acting carelessly with little regard for your customer can land you in hot water. If you do not fully understand what you are doing, but you go ahead with it, this may prove negligence. Doing something contrary to a reasonable standard without worry about the harm it may cause is negligence. Likewise, failing to act when it is a proper move also falls under this definition.

Mistakes happen

Even the most professional person has a misstep here or there. If you find yourself accused of malpractice in the face of an innocent mistake, it may or may not qualify. For example, if you made a computation error on someone’s taxes, it may qualify as a mistake, unless you failed to use a calculator. Then, your behavior may fall under negligence.

Keep documentation

Maintain backup copies of work, prior versions and notes may help you disprove an accusation of malpractice. If you can prove that you took the steps a reasonable person would take, but the result was not what the client wanted, it may not amount to malpractice. Keeping files for a few years at least is a wise choice.

No one wants to deal with a business dispute, especially one involving malpractice. Head over to our website for more helpful information.