A professional is an individual who holds themselves out to be an expert or a professional in some field. Professional malpractice, which may also be referred to as professional negligence, occurs when a professional acts negligently or incompetently and, as a result, the plaintiff suffers damages.
Professional negligence is categorized as a general intent tort. A claim of professional negligence involves the breach of duty that is owed by a professional to their client.
The duty of care in a negligence claim is the duty to act as an ordinary individual would in the same or similar circumstances. For example, a driver of a vehicle has a duty to other drivers, pedestrians, and passengers not to cause them harm while operating the vehicle.
A professional has a higher duty to their clients to act as an individual with the same or similar skills or education would act in the same or similar circumstances. This is because a professional has received specialized education or training, for example, doctors, attorneys, or clergy members.
Can Clergy Be Sued for Malpractice?
Yes, clergy can be used for malpractice. In recent years, the number of lawsuits being brought against clergy members and the churches they represent has increased significantly.
Although the majority of these malpractice lawsuits involved sexual impropriety with a minor, clergy malpractice may also arise when a member of the clergy violates a duty they have to one of the church’s members.
What Is Required to Prove Professional Malpractice?
In a professional malpractice case, a plaintiff, or injured party, is required to prove specific elements in order to show that professional negligence occurred, including:
- Duty of care: The professional owed a special duty of care to the plaintiff based on their specialized skill as a professional and their relationship with the client, such as giving them legal advice or providing them with surgical care;
- Breach of duty: The professional, the defendant in this scenario, violated the duty of care they owed to the plaintiff;
- Causation: The professional was the actual and proximate cause of the client’s injuries; and
- Damages: The client must prove the professional’s breach of duty led to damages, such as medical bills for an injury or the loss of a lawsuit.
A professional malpractice case is often litigated under the legal theory of negligence. In an ordinary negligence case, the plaintiff is required to show that the defendant failed to exercise the level of care that a reasonable and prudent individual under the same or similar circumstances would have.
In a professional malpractice case that involves a specific profession, the customs and standards of that profession are used instead to set the standard of care. In professional malpractice cases, therefore, a plaintiff is required to show that the defendant failed to exercise the skill and knowledge that was normally exercised by a reasonable professional member of average skill.
The plaintiff must show that this was the actual and proximate cause of their injuries. Proving this typically requires expert testimony regarding what is considered a reasonable level of care in the profession.
How Can a Clergy Be Found Liable for Malpractice?
Because the role of a clergy member is that of a spiritual advisor, many of the claims of professional malpractice filed against clergy are similar to those filed against mental health professionals based on their duties and responsibilities to clergy members. There are many issues with this, however, as clergy members do not possess a similar license, which makes it difficult to hold them to any real legal standard.
The most typical claims that arise in clergy malpractice lawsuits include, but are not limited to:
What Difficulties Present in Clergy Malpractice Are Absent from Other Professional Malpractice?
In many cases, clergy malpractice is not recognized as professional malpractice by the courts. Many courts are not willing to create a standard of care for clergy in the same manner as standards are created for other professionals because judges do not want to violate the Constitution’s laws regarding religion, including the freedom of religion and establishing a religion.
This, however, began to change in the 1980’s where there were numerous clergy malpractice cases filed. Although a court is more likely to be willing to hear a clergy malpractice case currently, this area of law is still relatively new after centuries of being considered a taboo topic.
What Does a Successful Clergy Malpractice Case Look Like?
A clergy malpractice case, similar to all types of malpractice cases, begins with a claim of negligence. The plaintiff must show that the clergy had a duty and responsibility to the members of the religious organization who seeks clergy.
The plaintiff must also show that the clergy violated that duty. The plaintiff must then show that they suffered significant harm and that harm was the direct result of the clergy member’s breach of their duty.
In contrast to other types of malpractice cases, clergy malpractice lawsuits, as noted above, avoid holding a member of the clergy to a professional standard of care because one currently does not exist and courts are not willing to create one due to avoiding excessive state intervention in the affairs of a church.
Many lawyers handling these types of cases have used other tactics, for example, framing the case in terms of employment law or avoiding the term clergy malpractice altogether.
What Types of Recovery Are Available in Malpractice Cases?
A plaintiff in a professional malpractice lawsuit will typically be able to recover damages, which may be economic or non-economic. Economic damages reimburse a plaintiff for their actual monetary losses.
These damages may also be referred to as specific damages or special damages. These are easily calculated amounts and may include the cost of things such as:
- Lost wages;
- Medical bills; and
- Diminished future earnings.
Non-economic damages are used to compensate for the injury itself. These damages are much more difficult to quantify.
These damages may also be referred to as general damages. They require the jury to assign a monetary value to the injury, pain and suffering, as well as any disfigurement or disability that resulted.
It is important to note that economic damages are typically always recoverable in a medical malpractice case. Many states, however, impose limits on non-economic damages.
This applies mostly to medical malpractice cases to avoid higher insurance premiums and encourage the medical practice. In other states, caps on non-economic damages have been banned.
Because of these issues, it is important for an individual to consult with a lawyer in their state when considering whether to move forward with a malpractice claim.
Are There Any Defenses Available?
There may be defenses available in clergy malpractice cases. What defenses are available will depend on the facts of the case and the laws of the state where the case is filed.
One defense may be that the statute of limitations has expired. The statute of limitations is a time limit where a plaintiff is allowed to bring their case.
In malpractice cases, this is often two years but may vary by state. If the case involves sexual impropriety with a minor, defenses may include that the act was consensual or that the minor lied about their age.
Whether or not these defenses will be available depend entirely on the laws of the state and the age limits provided. Certain acts with minors of specific ages may be statutory, meaning that it does not matter whether or not the individual knew the minor’s actual age.
Should I Contact a Lawyer About My Involvement in a Clergy Malpractice Claim?
If you have been the victim of abuse from a member of the clergy, it may be possible to bring criminal charges against the individual or file a lawsuit in civil court for damages. Because of the complex nature of these laws, it is essential to consult with a liability lawyer to obtain the best possible representation and outcome.
If you have been accused of clergy malpractice or charged with a crime, it is in your best interests to consult with a lawyer who can defend you in court and ensure your rights are protected.
