Malpractice is defined as negligence or carelessness on the part of a professional person, a doctor, lawyer, architect or accountant, for instance. It is the failure to provide the quality and kind of service that another professional would under the same circumstances or consider consistent with generally accepted standards. You may lack the background to evaluate the service you have received, but an attorney can help you get the facts.

The attorney who agrees to represent you will investigate your claim to determine whether it has merit. Because certain records might be needed in the investigation, you will probably be asked to sign authorizations for their release. Also your attorney might need the services of an expert to review your case and give an opinion. Provided there are sufficient grounds, the attorney may agree to represent you in a lawsuit against a professional person whose service has caused you harm.

Your attorney's fee will usually be based either on a contingency or on the time spent with your case. In a contingency agreement, the attorney accepts a percentage of whatever damages are awarded to you as a fee. Still, you may be asked to advance money to pay for an investigation and expert evaluation. You should discuss these matters with your attorney at the beginning so that you clearly understand the terms of your agreement which should be put in writing.

There are time limits for malpractice suits. With medical malpractice, a suit in Missouri usually must be filed no later than 2 years after the act of negligence. This deadline may be postponed if the injured party is a minor. With legal malpractice, an action in Missouri must be started within 5 years. There are, however, certain exceptions to both of these limitations.

While malpractice cases may be complicated, an attorney can assist you in determining whether you have a valid claim. Malpractice suits should never be filed frivolously or to avoid an honest debt for professional services and you should be aware that a bad result, or any less than ideal results from a treatment or service do not necessarily prove professional negligence. Indeed, you could have obtained the best possible results under the circumstances of your case. So think it through. Then, if you believe that you are the victim of negligence by a professional rendering services for you, consult an attorney.