5.3 Legal Malpractice, Medical Malpractice and Accounting

Malpractice (a) Legal Malpractice The wrongs' catalogue: the missed limitation (the claim's death by the lawyer's delay — the classic); the negligent drafting (the defective deed, the unenforceable clause); the litigation's mishandling (the unfollowed procedure, the missed evidence, the inadequate advice on settlement); the conflict-of-interest's harm; the client's-funds' abuse (the trust-account wrongs — the disciplinary-and-civil faces). The elements' note: the breach-and-cause proof — often the "case-within-the-case": the client must show the ORIGINAL matter would have succeeded but for the lawyer's error (the trial-within-the-trial). The Nepali faces: the Nepal Bar Council's discipline (the conduct's code); the client's civil claims (the Code 2074's negligence-and-tort faces); the court's own inherent discipline (the counsel's liability faces). (b) Medical Malpractice The wrongs' catalogue: the negligent diagnosis (the missed-or-wrong diagnosis); the negligent treatment (the operation's errors, the medication's mistakes, the aftercare's neglect); the INFORMED CONSENT's failure (the treatment without the material risks' explanation — the autonomy's wrong even where the treatment's skillful); the records' falsification (the cover-up's aggravation). The standard's faces: the reasonably competent practitioner of the field (the specialist's standard for the specialist's post); the resources' reality (the rural hospital's limits — the honest fairness debate); the emergency's latitude (the crisis decisions' deference). The proof: the medical expert's evidence (the standard's demonstration); the res ipsa's rare assist (the swab's retention — the thing speaking for…