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Medical Malpractice Lawsuits

Attorneys have a fiduciary obligation with their clients and are required to act with diligence, care and skill. Attorneys make mistakes, just like any other professional.

A mistake made by an attorney can be considered negligence. To prove legal malpractice, an victim must prove that there was breach of duty, causation, breach and damage. Let's examine each of these elements.

Duty-Free

Medical professionals and doctors swear by their training and expertise to treat patients and not to cause further harm. A patient's legal right to compensation for injuries sustained from medical malpractice hinges on the concept of the duty of care. Your attorney can determine if the actions of your doctor breached the duty of medical care and if those breaches caused injury or illness.

To prove a duty to care, your lawyer needs to show that a medical professional has a legal relationship with you in which they were bound by a fiduciary duty to exercise an acceptable level of expertise and care. Proving that this relationship existed may require evidence, such as the records of your doctor-patient or eyewitness evidence, or experts from doctors with similar experiences, education and training.

Your lawyer must also prove that the medical professional violated their duty of care by not submitting to the standards of practice that are accepted in 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.

Then, your lawyer has to prove that the defendant's breach of duty directly caused your loss or injury. This is known as causation. Your lawyer will rely on evidence, such as your doctor/patient reports, witness testimony and expert testimony, to show that the defendant's inability to comply with the standard of care was the direct cause of the injury or loss to you.

Breach

A doctor has a responsibility of care to his patients that is in line with professional medical standards. If a doctor fails to meet those standards, and the failure results in an injury or medical malpractice, then negligence could occur. Typically expert testimony from medical professionals with similar qualifications, training or certifications will assist in determining what the minimum standard of medical care should be in a particular situation. Federal and state laws and institute policies also help determine what doctors should perform for specific types of patients.

To prevail in a malpractice lawsuit, it must be proven that the doctor acted in violation of his or her duty to care and that the breach was a direct reason for an injury. In legal terms, this is called the causation element and it is essential that it is established. For example, if a broken arm requires an x-ray, the doctor should properly set the arm and then place it in a cast for proper healing. If the doctor was unable to do so and the patient was left with an irreparable loss of use of the arm, then malpractice may have occurred.

Causation

Attorney malpractice claims are based on evidence that demonstrates that the attorney's errors caused financial losses to the client. Legal malpractice claims may be brought by the party who suffered the loss in the event that, for instance, the attorney fails to file the lawsuit within the timeframes set by the statute of limitations, which results in the case being forever lost.

It is crucial to realize that not all errors made by attorneys are considered to be malpractice. Mistakes in strategy and planning aren't usually considered to be a violation of the law attorneys have a lot of latitude to make judgment calls as long as they are reasonable.

Likewise, the law gives attorneys a lot of discretion to conduct a discovery process on behalf of a client, so long as the action was not unreasonable or negligent. Legal malpractice can be caused through the failure to uncover important documents or evidence, such as medical reports or witness statements. Other examples of malpractice are a inability to include certain claims or defendants for example, like forgetting to file a survival count in a wrongful death lawsuit, or the repeated and prolonged inability to contact a client.

It is also important to consider the fact that the plaintiff must demonstrate that, if it weren't due to the lawyer's negligent behavior they would have won their case. If not, the plaintiff's claims for malpractice will be rejected. This requirement makes the process of bringing legal malpractice lawsuits difficult. It is crucial to find an experienced attorney.

Damages

To win a legal malpractice case, the plaintiff must show actual financial losses resulting from an attorney's actions. In a lawsuit, this has to be proven with evidence like expert testimony or correspondence between the attorney and the client. In addition the plaintiff has to prove that a reasonable lawyer could have avoided the harm that was caused by the attorney's negligence. This is known as proximate cause.

The definition of malpractice can be found in a variety of ways. The most frequent mistakes are: failing to meet a deadline or Malpractice lawsuit statute of limitations; not conducting an investigation into a conflict in an instance; applying the law incorrectly to a client's situation; or breaking a fiduciary obligation (i.e. commingling trust account funds with an attorney's personal accounts) or a mishandling of the case, or not communicating with the client.

Medical malpractice suits typically involve claims for compensatory damages. The compensations pay for out-of pocket expenses and losses, such as hospital and medical bills, equipment costs to aid recovery, and lost wages. Victims are also able to claim non-economic damages such as discomfort and pain, loss of enjoyment of their lives, as well as emotional suffering.

Legal malpractice law firm cases usually involve claims for compensatory as well as punitive damages. The former compensates the victim for losses due to the negligence of the attorney and the latter is intended to prevent future mistakes by the defendant's side.