Professional Negligence

Schoenbeck Law, PC, is frequently called by people who believe they have been injured or wronged by professionals they have retained to serve them.

Not every bad result is the basis for a claim of negligence by the professional, but negligence by professionals does happen.

(See Recent Developments)

Here are some of the most common areas we are called about,
and a few thoughts about those areas:

  • Medical– Our office rarely participates in medical malpractice litigation. We have successfully litigated the medical peer review issue on several occasions.
  • Insurance Agent– We have handled several of these claims, and the standard established by the South Dakota Supreme Court for these claims is: “The insurance agent has a duty to procure insurance of a kind and with the provisions specified by the insured.” Rumpza v. Larson, 1996 S.D. 87, 551 N.W.2d 810, is a case in which we ultimately prevailed.
  • Attorney– While this can often be a sensitive area for other attorneys to review, our office does review claims of attorney malpractice, and we pursue those cases where we feel it is appropriate.
  • Accountant– We have handled accountant litigation. As with other professionals, the duty for an accountant is to possess that degree of knowledge and skill that is ordinarily possessed by a professional in good standing engaged in the same line of practice.

The first decision you make—which attorney to hire—will critically affect the level of justice you receive!