Accounting Malpractice

Accounting malpractice happens when the accountant or any accounting professional becomes negligent of his duties. Professional institutes establish a list of standard of care that must be met to protect others from the risks of harm and deceit and when these legally established standards of care are not met, it can sometimes be considered negligence.

When filing a complaint concerning accounting malpractice, the plaintiff must be able to show that the negligent defendant was not able to meet the level of care that is common or customary in the accounting profession. An example is when an accountant is not able to file a client's tax return on time.

Lawyer Malpractice

In an accounting malpractice case, the plaintiff must understand and establish four key elements. The plaintiff must:

Accounting Malpractice

.Show that the accounting professional being sued had a clear responsibility to him

2. Prove that the accounting professional failed in that responsibility

3. Show that he was injured

4. Establish that the accounting professional's failure was the primary cause of the injury (Answer the question "Was the failure of responsibility sufficiently enough for the injury to hold the accounting professional liable?")

To guide them in the course of carrying out their duties properly and to avoid being held responsible for any malpractice, accounting professionals should follow professional standards. These include the following:

1. The Public Interest. More than the title, CPA (Certified Public Accountants) should accept the responsibility and act in a way that is best for the public interest, respect the public trust, and show commitment to professionalism.

2. Due Care. CPAs should undoubtedly comply with the state law, including their profession's technical and ethical standards. They must demonstrate competence at all times, and aim to continuously improve the quality of their services, and discharge professional responsibility to the best of their abilities.

3. Objectivity. To maintain objectivity, CPAs should: (a) avoid performing professional services when there are actual or perceived conflicts of interest, and (b) be independent when making auditing or other accounting services.

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Medical Malpractice Suits: Death By Medicine

A recent report has found that Americans are more frightened of dying at the hands of their doctor than they are of a plane crash. The overwhelming majority of those who participated in the survey said that information about malpractice suits and medical errors would be the single most deciding factor in trusting a healthcare provider. These people must have heard that medical errors cause more deaths in the United States every year than car accidents, AIDS, or breast cancer.

In fact, for the airline industry to parallel medical errors in mortality rates a 280-person jet would have to crash every day of the year. This would account for the over 100,000 people who die annually due to complications in medical care, not to mention the nearly 2 million who are maimed and disabled. This malady is called iatrogenic disease, a disease that is a direct result of medical care. What is causing this epidemic? Many agree that the cause is over-treatment. More medicine is administered than necessary, people are hospitalized unnecessarily, and doctors prescribe drugs instead of healthy lifestyle choices. This is a major problem and it shows no signs of stopping.

In the ten year period between 1983 and 1993 the incidence of death by medical error, or iatrogenic disease, jumped 260% overall and 850% among patience receiving outpatient care. These statistics could only be an indication of the true numbers, because medical error is not often recorded on death certificates. Some people blame the increased number of deaths on a greater number of prescriptions, but the number of prescriptions issued has increased less than 40% in 10 years, compared with the 260% increased death rate. Instead, some doctors blame increased usage of anesthesia, especially among those receiving outpatient care.

Medical malpractice insurance rates have been skyrocketing, causing a small crisis among doctors who must be insured in order to practice. They complain of medical malpractice lawsuits going out of control, large cities awarding record settlements, too many people filing claims. Well can you blame people for filing claims? Doctors must be held accountable for their prescriptions, and if a doctor writes you a prescription that hurts you they deserve to be taken to court! This is truly an epidemic, and it must be stopped by holding irresponsible healthcare providers responsible. One in five Americans has experienced medical errors directly or has a family member who has suffered a medical error. If you feel you have suffered unnecessarily at the hands of a doctor, seek legal council and work it out with a lawyer.

If you have more questions, contact a medical error attorney or read about other medical malpractice cases at http://www.hugesettlements.com.

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