Malpractice, or professional negligence, refers to a case of incompetence on the part of a professional. A case of malpractice usually occurs when a client feels that a professional breached his or her duty of care. Some of the professionals that can be accused of malpractice are medical professionals, lawyers, accountants, stockbrokers and architects.
No i would not recommend going to court because i'm sure if he has the money to get a lawyer then he should have the money to replace his damaged goods