Professional Standards and the Law

When you hire a company for a service, you expect a baseline level of professionalism and accepted conduct. The Sunset Mesa lawsuit in Colorado is an example of particularly grievous behavior and a violation of professional standards and general good conduct. While the Sunset Mesa case is notable due to how distasteful the lack of accountability was, it points to the wider standards we must hold all professionals accountable to.

The Sunset Mesa Case and Accountability

One thing that makes the Sunset Mesa case notable is the circumstances of the case itself. Selling the remains of the deceased without permission solely for profit violates many concepts of ethical standards found across the majority of broader society. Unfortunately, illegal sales of human remains are not an isolated incident and other such court cases have attracted media attention not just because of the facts of the cases, but also the emotional reaction that such events cause. It violates the basic standards of accountability we place in businesses and service providers.

Professional Liability

Many industries are held to high standards due to specific knowledge or services. Because of this, they are expected to provide their customers with reasonable information and proper care and to keep them safe from harm. What constitutes specific guidelines depends on the industry, such as a lawyer versus a doctor. Specialized industries or experts are heard to the prop standards of their respective industries. Some of the legal specifics include:

Duty of Care: this refers to the obligation to act with responsibility in similar circumstances or occurrences. When you drive to work, your expected duty is to drive safely, follow established traffic laws, and watch for other vehicles or pedestrians when you are operating an automobile. In this respect, a professional must act in a predictable and skilled way when dealing with clients. When you visit a dentist, it is reasonable to expect, due to specialized training and education, that you will not be harmed during regular events.
Negligence: when you are seeking legal compensation due to a lack of duty of care, negligence must be established. Dissatisfaction with a product or service does not necessarily mean a company was negligent. Negligence is specifically defined under the law to include a lack of duty, damages, causation, and a breach of service.

The Specifics of Negligence

Duty: in cases of negligence, duty refers to obligation. Even in regular daily life, you are expected to perform reasonable care during normal daily activities. Reasonable care refers to a normal level of caution that a responsible individual would have in similar circumstances. Reasonable care would be driving safely during inclement weather. Driving 50 miles over the speed limit would not be considered reasonable. This also applies to professional services.
Breach: a breach is a professional not providing an acceptable level of care as it relates to the responsibilities of the profession they are in. As the Sunset Mesa case illustrates, profiting off of customers without permission is a clear case of a breach of responsibility.
Causation: to be defined as negligent, any injuries a client or patient receives must have occurred directly due to a breach of duty. While complex in the base sense, causation is a situation where an injury or harm occurred specifically due to the conduct of one party. For example, if you are hit by a speeding car through no fault of your own, this illustrates causation due to a lack of reasonable care.
Damages: the definition of damages under negligence means that some type of harm must have occurred. Harm in the legal sense is a broad term and includes injuries, loss of earnings, emotional stress, and damage to your priority, just to name a few examples.

Ethics in Business

Understanding business ethics can inform you about what to look for when doing business with companies or running your own. Business ethics are a key part of any well-run business and help guide companies’ choices. A core set of business ethics helps answer the more difficult questions and avoid negligence, misuse of resources, and bad treatment of customers. A lack of key ethical traits can inform you something is ‘wrong’ with a company before you work with them or in identifying cases where you have been mistreated, and legal action may be required.

Transparency: an ethical company is transparent in the sharing of information. You should be able to ask questions and receive answers. Asking for clarity on an overall process, cost, or what to expect should not be something a company hides from you. If you can’t get clear answers to obvious or expected questions, this is a warning that should not be ignored.
Invite Feedback: an ethical company welcomes feedback to improve processes and see what aspects of business they are excelling at. When discussing a good or service with a company, you should be able to ask for feedback or customer reviews. Many companies will point you to public listings and highlight positive feedback. Ignoring customers is a sign of disconnect and a lack of concern about how services are being received. You certainly wouldn’t want to go to a doctor who has a track record of bad feedback and has made no changes or responses to the perceived quality of their services.
Impact: a responsible and ethical business considers the impact on various parties that their behavior causes. This includes not just customers but also employees, those with a stake in the business, and wider society. A lack of consideration of the impact a business has can lead to cases defined as a lack of care.
Improvements: changes are a part of running a business. Methods and procedures have to be improved upon and changed based on feedback, changes in technology, and industry-related improvements. A company stuck in its ways or using outdated procedures despite outside signs to improve is one that can lead to negligence due to simply not improving on how they run daily operations.

A Code of Ethics

A code of ethics ensures that those who work in certain industries meet the standards of their profession. A code of ethics focuses on socially acceptable standards and respect for the public. Also, with a defined code of ethics, warnings can be issued if employees are breaking the code. This can help prevent issues before they arise. It serves not only as a guide but as a statement of accountability and high standards of professionalism. Some examples of industries with ethical codes include:

Lawyers: as per the American Bar Association, lawyers are required to provide competent representation to those they represent. Ethics includes legal knowledge, the skills to do the job properly, proper preparation, and thoroughness.
Financial Advisors: those who work in financial advising are bound by fiduciary duty. They are required to act in the best interest of their clients and be honest and objective. Accountants also follow a similar code of ethics in their work.
Doctors: physicians have a strict code of ethics. This includes a broad range of behaviors including proper care, compassion, respecting the dignity of their patients, honesty, reporting of those who violate the code of ethics, and respecting the law.
Businesses: many companies also independently develop a code of ethics. Common topics a business code of ethics can cover include customer confidentiality, proper following of the law as it relates to business activities, behaving respectfully to clients, and other rules of workplace standards to ensure proper operations.

If You Have Been Wronged By Professional Negligence

If you have been harmed by the negligence of a business selling you a good or service, this is a serious crime, and you have a right to be made whole. Hiring a lawyer is an important step in this process. With proper legal assistance, your side of the story can be effectively presented to the court and a fair assessment of what you are legally owed can be calculated. Common examples of professional negligence can include general lack of care such as medical malpractice, selling of faulty products that were known to be unsafe, or ignoring proper safety rules or maintenance. These are just some cases of negligence you may encounter as a patient or customer.

Advantages of Hiring an Attorney

While filing a lawsuit can feel like a daunting task, an attorney can help you navigate through the process. Your attorney provides support in several key ways. Proper documentation such as court filings is the first step in having your case heard. Your lawyer will then collect the proper evidence to support your case, inform you of any important information, answer questions, communicate with the involved parties, and represent you in court. Another key aspect of hiring an attorney is that they can correctly calculate the damages you are owed. Damages cover many different types of loss under the law. This includes not only financial losses but also more abstract losses such as a reduction in your quality of life. This helps you receive the full amount of what you are rightly owed under the law and standards of professional behavior.