Call Us Today
quick fact check
Harmed by Professional Misconduct in North Carolina?

When trusted professionals fail in their duties, the consequences can be serious. Schedule a confidential consultation to discuss your rights and possible claims.

  • Speak directly with a professional malpractice attorney
  • Representing clients statewide in claims against lawyers, accountants, and other professionals

Take the first step. Click below to schedule your case review today.

When professionals you trusted make serious errors, the consequences can be devastating.

We rely on professionals for their expertise in critical matters. Doctors to safeguard our health. Attorneys to protect our legal rights. Accountants to manage our finances. Architects to design safe buildings.

But what happens when these trusted professionals make serious mistakes? That’s when you need the experienced malpractice attorneys at DeMent Askew Johnson & Marshall.

You placed your trust in a professional who let you down. Now, you can trust us to hold them accountable and help you recover what you’ve lost.

What Counts as Professional Malpractice?

Professional malpractice occurs when a licensed professional fails to provide the level of care, skill, and diligence that others in their profession would reasonably provide in similar circumstances. This negligence must cause actual harm or financial loss to the client.

Common types of professional malpractice include:

  • Medical malpractice: When healthcare providers’ errors harm patients
  • Legal malpractice: When lawyers miss deadlines, make serious errors, or breach their duties
  • Accounting malpractice: When accountants make tax errors or give bad financial advice
  • Architectural/engineering malpractice: When design professionals create unsafe structures
  • Insurance agent malpractice: When agents fail to secure proper coverage
  • Real estate agent malpractice: When agents misrepresent properties or fail to disclose defects

Each profession has established standards of care, and we prove malpractice by showing how the professional fell short of these standards, resulting in harm to you.

Schedule your Consultation Now
250+ Reviews and counting

Medical Malpractice

Medical malpractice occurs when healthcare providers fail to deliver care that meets professional standards. These cases are among the most complex in personal injury law.

Key examples include:

  • Surgical errors and mistakes
  • Misdiagnosis or delayed diagnosis
  • Medication errors
  • Birth injuries
  • Anesthesia errors
  • Failure to obtain informed consent

North Carolina has strict requirements for medical malpractice claims under N.C.G.S. § 90-21.12, including pre-filing certification from a medical expert and caps on non-economic damages (currently $656,730).

Legal Malpractice

Legal malpractice occurs when an attorney’s negligence harms their client’s case or interests. Simply losing a case isn’t enough—the attorney must have failed to meet professional standards.

Common forms include:

  • Missing critical filing deadlines
  • Inadequate case preparation
  • Conflicts of interest
  • Improper handling of client funds
  • Settling without client authorization

To succeed, we must prove that you had an attorney-client relationship, the attorney was negligent, this directly caused your damages, and you would have had a better outcome without the attorney’s negligence.

Accounting Malpractice

Accountants and financial professionals have significant responsibility when handling your finances. Their errors can result in substantial losses, tax penalties, and missed opportunities.

Key examples include:

  • Tax preparation errors causing penalties
  • Failure to detect fraud or embezzlement
  • Negligent auditing practices
  • Misrepresentation of financial statements
  • Poor financial advice leading to losses

We work with forensic accountants and financial experts to identify exactly how accounting professionals failed to meet standards and calculate the full extent of financial harm caused.

Real Estate Professional Malpractice

Real estate transactions often represent the largest financial dealings most people ever make. When real estate professionals fail in their duties, the impact can be severe.

Key examples include:

  • Failure to disclose known property defects
  • Misrepresentation of property boundaries
  • Title search errors leading to ownership problems
  • Breach of fiduciary duties to clients
  • Improper handling of transaction funds

These cases require deep knowledge of both real estate law and professional standards established by bodies like the North Carolina Real Estate Commission.

Architectural and Engineering Malpractice

When architects and engineers make design errors, the consequences can be catastrophic—resulting in structural failures, code violations, unsafe buildings, or cost overruns.

Key examples include:

  • Design defects compromising structural integrity
  • Failure to comply with building codes
  • Inadequate site analysis causing foundation problems
  • Errors in mechanical, electrical, or plumbing systems
  • Poor project management leading to delays and cost overruns

These technical cases require collaboration with qualified engineering experts who can identify exactly how the professional failed to meet industry standards.

Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

Insurance Agent Malpractice

Insurance agents have a duty to understand your needs and secure appropriate coverage. When they fail, you may discover you lack critical protection when you need it most.

Key examples include:

  • Failing to secure requested coverage
  • Misrepresenting policy terms or exclusions
  • Negligent policy recommendations
  • Errors in processing applications
  • Failure to notify clients of policy cancellations

These cases often become apparent only after a loss occurs and you discover your coverage isn’t what your agent promised.

How to Prove Professional Malpractice

Regardless of the profession involved, successful malpractice claims require proving four key elements:

  • Duty: The professional owed you a duty of care established through your professional relationship.
  • Breach: They failed to meet the standard of care expected in their profession.
  • Causation: Their negligence directly caused your harm or financial loss.
  • Damages: You suffered actual damages (financial losses, physical injury, etc.) as a result.

Professional malpractice cases almost always require expert testimony from qualified professionals in the same field who can explain industry standards and how they were violated in your case.

Critical Evidence in Professional Malpractice Cases

Building a strong malpractice case requires comprehensive evidence. Our attorneys help gather and preserve:

  • Professional contracts and engagement letters
  • All communications with the professional
  • Records created by the professional
  • Relevant professional standards and codes of ethics
  • Witness testimony from others involved
  • Expert analysis of substandard conduct
  • Documentation of all damages and financial losses

Early investigation is crucial, as evidence may become more difficult to obtain as time passes.

Holding Professionals Accountable for Their Mistakes

At DeMent Askew Johnson & Marshall, our trusted attorneys understand the complex legal and technical issues involved in professional malpractice cases. We have successfully represented clients against negligent doctors, lawyers, accountants, and other professionals throughout North Carolina.

If you believe you’ve been harmed by professional negligence in Raleigh or anywhere in North Carolina, contact us today for a confidential consultation.

We’ll evaluate your case, explain your legal options, and help you decide the best path forward.

Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

What is the difference between a bad outcome and professional malpractice?

Not every disappointing outcome constitutes malpractice. Professionals aren’t guarantors of perfect results. Malpractice occurs when the professional fails to meet the accepted standards in their field. For example, a surgery with known risks might have a poor outcome despite proper care, while a doctor who operates on the wrong body part has committed clear malpractice.

How long do I have to file a professional malpractice claim in North Carolina?

The statute of limitations varies by profession:

  • Medical malpractice: Generally 3 years from the negligent act, or 1 year from discovery (but no more than 4 years total)
  • Legal malpractice: 3 years from the last negligent act
  • Accounting malpractice: 3 years from the negligent act
  • Other professions: Generally, 3 years under North Carolina law

These deadlines can be complicated by various factors, making it essential to consult an attorney as soon as possible.

Will my case go to trial or settle out of court?

While most professional malpractice cases settle before trial, we prepare every case as if it will go to court. Professional liability insurance companies often resist fair settlements until they see we’re fully prepared for trial. Our reputation as skilled trial attorneys often helps secure better settlements for our clients.

What types of damages can I recover in a professional malpractice case?

Recoverable damages typically include:

  • Direct financial losses caused by the malpractice
  • Additional costs incurred to remedy the problem
  • Lost income or business opportunities
  • In medical cases, medical expenses and pain and suffering
  • In some cases involving intentional misconduct, punitive damages

Each case is unique, and our attorneys can help evaluate the full scope of your potential recovery.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
5.0
rating
Based on 250+ Reviews