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Medical Malpractice Lawsuits

Attorneys have a fiduciary obligation with their clients and are expected to behave with diligence, care and ability. However, like all professionals, attorneys make mistakes.

Some mistakes made by lawyers are legal malpractice. To prove that legal malpractice has occurred, the victim must prove duty, breach, causation and damage. Let's look at each one of these aspects.

Duty

Doctors and medical professionals take an oath that they will use their knowledge and expertise to treat patients and not causing further harm. The legal right of a patient to be compensated for injuries sustained from medical malpractice is based on the concept of the duty of care. Your attorney can assist you determine whether or not your doctor's actions breached this duty of care, and if these breaches resulted in harm or illness to your.

To prove a duty of care, your lawyer has to establish that a medical professional has an official relationship with you that owed you a fiduciary responsibility to perform their duties with a reasonable level of skill and care. Establishing that this relationship existed could require evidence like your doctor-patient records eyewitness accounts and expert testimony from doctors with similar experience, education and training.

Your lawyer will also need to prove that the medical professional breached their duty of caring by failing to adhere to the accepted standards of their field. This is often called negligence, and your attorney will compare the defendant's behavior to what a reasonable person would do in the same circumstance.

Your lawyer must also prove that the defendant's breach caused direct injury or loss. This is known as causation. Your attorney will rely on evidence like your medical documents, witness statements, and expert testimony to prove that the defendant's inability to uphold the standards of care in your case was a direct cause of your loss or injury.

Breach

A doctor is required to perform a duty of care to his patients which reflects professional medical standards. If a doctor fails to meet these standards, and the failure results in an injury, then medical malpractice or negligence may occur. Expert witness testimony from medical professionals that possess similar qualifications, training as well as experience and qualifications can help determine the appropriate level of care for a specific situation. State and federal laws as well as institute policies also determine what doctors should do for specific types of patients.

In order to win a malpractice claim it must be established that the doctor breached his or her duty to care and that the violation was the sole cause of an injury. In legal terms, this is known as the causation component, and it is essential that it is established. If a doctor has to conduct an x-ray examination of a broken arm, they must put the arm in a cast and then correctly set it. If the doctor did not perform this task and the patient suffered a permanent loss of the use of the arm, then malpractice could have occurred.

Causation

Attorney malpractice claims rely on the evidence that proves that the lawyer's mistakes resulted in financial losses for the client. Legal malpractice claims may be brought by the party who suffered the loss for example, if the attorney fails to file the lawsuit within the timeframes set by the statute of limitations and the case being thrown out forever.

However, it's important to realize that not all mistakes made by lawyers are a sign of mistakes that constitute malpractice. Strategies and mistakes are not generally considered to be malpractice and lawyers have plenty of discretion to make judgement calls so long as they're reasonable.

The law also allows lawyers considerable latitude to not perform discovery on behalf of a client as long as the failure was not unreasonable or a result of negligence. Legal malpractice can be committed by failing to discover important documents or evidence, such as medical reports or witness statements. Other examples of malpractice are the failure to include certain defendants or claims, for instance the mistake of not remembering a survival number for an unjustly-dead case or the constant failure to communicate with clients.

It is also important to consider the necessity for the plaintiff to prove that if not due to the lawyer's negligent behavior they would have won their case. Otherwise, the plaintiff's claim for malpractice will be rejected. This makes it very difficult to bring an action for legal malpractice. This is why it's important to find an experienced attorney to represent you.

Damages

A plaintiff must prove that the lawyer's actions led to actual financial losses in order to prevail in a legal malpractice suit. In the case of a lawsuit this has to be proven through evidence, like expert testimony or correspondence between the attorney and client. In addition, the plaintiff must prove that a reasonable lawyer would have avoided the harm caused by the negligence of the attorney. This is referred to as proximate cause.

Malpractice occurs in many ways. Some of the most common malpractices include: failing a deadline or statute of limitations; not performing a conflict check on an issue; applying the law improperly to a client's specific circumstances; and violating a fiduciary obligation (i.e. the commingling of trust account funds with personal attorney accounts) and mishandling a case, and failing to communicate with clients.

In the majority of medical malpractice cases the plaintiff is seeking compensation damages. They compensate the victim for expenses out of pocket and losses, such as medical and hospital bills, costs of equipment that aids in recovery, Lawyers and lost wages. In addition, the victims can seek non-economic damages, such as suffering and suffering, loss of enjoyment of life, and emotional distress.

In many legal malpractice cases there are claims for punitive and compensatory damages. The former compensates the victim for losses resulting from the attorney's negligence, while the latter is designed to discourage future malpractice by the defendant.