Professional malpractice refers to more than lawyers or doctors. It also includes accountants.
“Most people, when they hear the words ‘professional malpractice,’ think it refers to lawyers or doctors. While it may well refer to them, it is also a term used when talking about accounting malpractice. Simply put, accounting malpractice happens if any accounting professional is negligent in the performance of their duties,” said Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.
To further explain professional standards for various individuals who are certified to practice, it’s vital to know that the institutes that certify these professionals have a list that outlines what the standard of care is for their members to provide to their customers. The list says what standards of care need to be met to protect the public from harm, deceit, malfeasance, etc.
This isn’t to say that all accountants, lawyers or doctors will abuse their positions, because most professionals are trustworthy and reliable. If the standard of care is not met in a profession, this may be considered negligence.
“In a case involving accounting malpractice, the plaintiff has to show the defendant was negligent and didn’t meet the level of care expected – the common or customary care – in the accounting profession. An example of that would be the accountant not filing a client’s tax return on time or not properly filling out the return and it results in a financial penalty to the client,” Ozcomert said.
Generally speaking, there are four elements a plaintiff needs to meet to be successful in an accounting malpractice lawsuit. It must be shown that the accountant had a clear responsibility to the client; that the accountant didn’t act responsibly; that the client was injured and that the accountant’s actions were the proximate cause of the injury.
Not all cases are clear cut and straightforward and for this reason, if someone feels they have been financially harmed by the misdeeds of an accountant, talk to an Atlanta malpractice lawyer.
“You need to know your rights, what options you have and whether or not your potential case is actually malpractice or not, as some cases may not be malpractice. If you have questions about what you feel is a malpractice case, call me and we can discuss the details,” Ozcomert said.
To learn more visit http://www.ozcomert.com.
