Malpractice Liability in the Business Professions: A Survey Guide for Attorneys and Clients

Article excerpt

Malpractice Liability in the Business Professions: A Survey Guide for Attorneys and Clients, by Warren Freedman (Quorum Books, 1995).

Reviewer: Sajjad A. Hashmi, Emporia State University

The book begins with a general discussion of "malpractice and professionals" and "professional malpractice insurance" in the introductory chapter. Part A on "malpractice and professionals," using examples from the professions of law and medicine, illustrates why and for what type of activities professionals can be held liable. Part B, in a two-page discussion, makes some random points about the nature of malpractice insurance.

In the remaining seventeen chapters, the author describes the liability issues in a large number of professions. Each profession has been assigned a chapter which includes a brief discussion of professional liability, footnotes, and professional code of ethics where they exist. The footnotes are a gold mine for those who wish to pursue the matter further. The codes of ethics are chosen subjectively from one of the several professional associations in a profession. These codes are not only highly informative reading, but also can and do form the legal basis for action against the professionals.

Specifically, the book covers the legal liability issues in seventeen business professions ranging from accountants to travel agents. Professions such as abstractors of title and trade association executives, often ignored in other such books, are included here. On the other hand, there is no discussion of malpractice liability of attorneys and physicians. Perhaps the author does not consider these two professions as business professions. One is puzzled, though, as the author in the introductory chapter used examples from these two professions to underscore the significance of malpractice liability of business professionals. …