Professional Negligence

Schoenbeck & Erickson, 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!