(800) 616-2916

CALL FOR A FREE CONSULTATION

What to Do When a Professional Breaches Their Duty Of Care

Dawn Pinnisi

November 15, 2022

A duty of care is the legal responsibility of one person or organization to ensure the safety and well-being of another. This duty is typically seen in a professional context, where one person or organization has specific expertise or knowledge that makes them responsible for the trusted information of a client.

However, sometimes this duty of care is breached, and the results can be catastrophic. If you or someone you know has been the victim of such a breach, you’ll need to find out how you can receive the justice and the compensation you deserve. Speak with a malpractice attorney today.

What is a breach of duty of care?

When a professional breaches their duty of care, it means that they have failed to uphold the standard of care that is expected of them in their profession. This can happen in various ways. A breach can take place when a professional does not uphold their professional obligations toward confidentiality, care, or safety.

If you feel that you have been the victim of a breach of duty of care, it is important to seek legal advice as soon as possible, as you may be entitled to compensation.

You can make a distinction between a breach of duty of care and negligence. If someone has breached their duty of care, their actions fall below the regular standard of care taken by anyone who is reasonable.

If they are considered negligent, a personal injury lawyer must show that a defendant breached their duty of care toward the plaintiff. It is one of the four elements courts consider in negligence tort cases.

When negligence is proven, a lawyer must show that the defendant owed the plaintiff a duty of care, that they breached this duty by their behavior, and that, as a result, it harmed the plaintiff. In return, the plaintiff suffered damages – damages that resulted in out-of-pocket costs, lost income, or pain and suffering.

Examples of a breach of duty of care

There are many examples of a breach of duty of care. Here are some scenarios where a professional may have breached their obligation:

  • A doctor fails to properly diagnose a patient’s condition, resulting in the patient’s condition worsening
  • A lawyer gives incorrect advice to their client, leading the client to make a bad decision
  • An accountant makes a mistake in their client’s taxes, causing them to owe more money than they should
  • An architect designs a building that is not up to code, and someone is injured as a result

Filing a Personal Injury Lawsuit

When someone is injured as a result of a breach of duty of care, they may be able to file a personal injury lawsuit against the responsible party. If successful, they can recover damages for their injuries, including medical costs, lost earnings, and pain and suffering.

In some cases, punitive damages may also be awarded in order to punish the at-fault party and deter others from similar acts in the future. While you cannot imprison a plaintiff in a civil tort case, the law can punish them if their behavior is egregious or notably reckless.

How professionals should prevent a breach of duty of care

To prevent a breach of the duty of care, a professional should make sure they follow all the standards and best practices in their industry when providing professional services.

They also need to maintain good records and document any concerns or issues that may arise.

In addition, they need to communicate clearly with patients or clients so the people they’re serving can understand the risks. Professionals should do everything in their power to make sure their clients or patients are making informed decisions.

What to do if you experience a breach of duty of care?

If you experience a breach of duty of care by a professional, there are a few things you can do. First, try to resolve the issue with the professional directly. If that does not work, you can file a complaint with the professional’s licensing body or with your state’s consumer protection agency. You can also sue the professional for damages in civil court.

Conclusion

When a professional breaches their duty of care, it can be extremely damaging to both the individual and the business. If you find yourself in this situation, it is important to take action immediately in order to protect your interests. In New Jersey, you only have two years to file a personal injury lawsuit. Therefore, you need to act immediately.

That means you need to consult with a lawyer to determine your next steps. Additionally, be sure to document everything that has happened so that you have a strong case against the professional. With careful planning and execution, you can minimize the impact that this type of behavior can have on you personally or professionally.

Contact a Personal Injury Lawyer About a Breach of Duty of Care Today

To ensure you receive a fair and equitable settlement when you have been wronged by a practitioner, you need to discuss your claim with a personal injury lawyer. If you live in New Jersey, contact Varcadipane & Pinnisi, P.C. Schedule a consultation today.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

Let Us Fight For You

Need Help? Contact us 24/7

Free Consultation img (800) 616-2916

New York & New Jersey Personal Injury & Litigation Lawyers

Categories

Request Your
Free Consultation

Schedule a free consultation with one of our experienced lawyers by filling out the form below, or call us at (800) 616-2916

Name(Required)
Select Your Case Venue(Required)
Select Your Case Type(Required)
How Did You Find Our Firm?(Required)
  • "From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

    Robert S. Client

  • "Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

    Ghania C. Client

  • "I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

    Sandra C. Client

  • "Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

    Hanna Y. Client

  • "A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

    Robert J. Client

  • "Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

    Rebecca W. Client

  • "My nearly 8 year long relationship with Varcadipane & Pinnisi, P.C. as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my leg..."

    Daniel S. Client

  • "Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

    Scott H.

  • "I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

    Shirin G. Client

  • "Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

    Shadee B. Client

  • "Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

    Mike C. Client

  • "The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

    Thomas W. Client

  • "We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

    Amah H. Client

  • "Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

    Felicia P. Client

  • "I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

    Michael G. Client

  • "Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

    Candra M. Client

  • "My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

    Koby Y. Client

  • "They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

    Danny Y. Client

  • "I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

    Korean M. Client

  • "They are very good lawyers and they are very kind thanks for everything 😊😊 "

    Gustavo R. Client

  • "It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

    Anthony G. Client

  • "We Hired Varcadipane & Pinnisi, P.C. for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took ..."

    Juan M. Client

  • "Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

    Chelsey M. Client

  • "Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

    Justin L. Client

  • "I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

    Vincent H. Client

  • "Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

    Boris S. Client

  • "The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

    Bruce H. Client

  • "Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

    Michele A. Client

  • "To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi, P.C. i..."

    Carlo R. Client

  • "Varcadipane & Pinnisi, P.C. were successful in negotiating our claim. Professional and knowledgeable. "

    E.C.M. Business Client

  • "They were outstanding in every way and I couldn’t be more pleased! "

    Ana R. Client

  • "I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

    Cheri C. Client

  • "Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

    Rick P. Client

  • "Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

    Jennifer S. Client

  • "I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

    Kenneth K. Client

  • "I have known Jeff Varcadipane for over 7 years, during which time he has advised me on several real estate and civil claims issues. Most recently, he assisted with my complicated real estate transaction in NY. He was very responsive,..."

    Andrew L. Client

  • "The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

    Charles D. Client

  • "Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

    Donna H. Client

  • "When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi, P.C...."

    Richard L. Brandbliss

  • "The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

    I.S. Client

  • "Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

    Anonymous Client

  • "I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

    Peer Review Birth Injury Attorney

  • "I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

    Peer Review Personal Injury Attorney

  • "Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

    Peer Review Car Accident Attorney

  • "Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

    Anonymous Client

  • "I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

    Peer Review Criminal Defense Attorney

  • "I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

    Peer Review Personal Injury Attorney

#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

From The Blog

view more blog posts

Request Your Free Consultation

Schedule a free consultation with one of our experienced lawyers by filling out the form below, or call us at (800) 616-2916

Name(Required)
Select Your Case Venue(Required)
Select Your Case Type(Required)
How Did You Find Our Firm?(Required)

MM slash DD slash YYYY

  • 5011 Gate Parkway, Bldg 100, Suite 100, Jacksonville, FL 32256
  • (904) 373-7565