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Medical Malpractice Attorney Lawsuits

Attorneys are in a fiduciary position with their clients and are expected to behave with diligence, care and skill. However, like all professionals attorneys make mistakes.

The errors made by attorneys are a result of malpractice. To prove legal negligence the person who was hurt must prove the breach of duty, duty, causation, and damage. Let's take a look at each of these components.

Duty

Doctors and other medical professionals swear to use their training and skills to cure patients and not to cause further harm. Duty of care is the foundation for the right of patients to receive compensation when they suffer injuries due to medical malpractice. Your attorney can determine if your doctor's actions violated the duty to care and whether these violations resulted in your injury or illness.

Your lawyer has to prove that the medical professional in question owed you the duty of a fiduciary to perform with reasonable competence and care. This can be proved through eyewitness testimony, malpractice attorney doctor-patient documents and expert testimony from doctors with similar educational, experience and training.

Your lawyer will also need to establish that the medical professional violated their duty of caring by failing to adhere to the accepted standards in their field. This is often called negligence. Your attorney will compare what the defendant did to what a reasonable person would do in the same situation.

Your lawyer will also need to prove that the breach by the defendant directly caused your injury or loss. This is referred to as causation. Your lawyer will make use of evidence such as your doctor-patient documents, witness statements, and expert testimony to show that the defendant's failure to adhere to the standards of care in your case was the direct cause of your injury or loss.

Breach

A doctor owes patients duties of care that conform to professional medical standards. If a physician fails to meet these standards, and the resulting failure causes an injury and/or medical malpractice, then negligence could occur. Expert evidence from medical professionals who have similar training, certificates or experience can help determine the standard of care in any given situation. State and federal laws and institute policies also define what doctors must provide for specific kinds of patients.

To win a malpractice case, it must be shown that the doctor breached his or duty of care and that this breach was the direct cause of injury. This is known in legal terms as the causation element and it is essential to prove it. For instance when a broken arm requires an x-ray the doctor should properly place the arm and put it in a cast to ensure proper healing. If the physician failed to do this and the patient was left with an irreparable loss of function of that arm, then malpractice could have occurred.

Causation

Lawyer malpractice claims are built on the basis of evidence that the attorney committed errors that resulted in financial losses to the client. Legal malpractice claims can be brought by the injured party when, for instance, the lawyer is unable to file a lawsuit within the timeframes set by the statute of limitations and results in the case being forever lost.

It is crucial to realize that not all mistakes made by attorneys constitute malpractice. Errors involving strategy and planning do not typically constitute malpractice attorneys are given lots of freedom to make decisions based on their judgments as long as they're reasonable.

The law also gives attorneys considerable latitude to not perform discovery on behalf of a client, so long as the decision was not arbitrary or a result of negligence. Legal malpractice lawyers can be caused by failing to discover important documents or information, such as medical reports or witness statements. Other examples of malpractice are a inability to include certain defendants or claims such as omitting to make a survival claim in a wrongful death case or the frequent and extended failure to contact clients.

It's also important that it must be proved that, if not for the lawyer's negligence, the plaintiff would have won the underlying case. If not, the plaintiff's claims for malpractice will be denied. This is why it's difficult to bring a legal malpractice claim. It is essential to choose an experienced attorney.

Damages

To prevail in a legal malpractice lawsuit the plaintiff must prove actual financial losses that result from an attorney's actions. In a lawsuit, this must be demonstrated using evidence, such as expert testimony and correspondence between the attorney and client. In addition the plaintiff must show that a reasonable lawyer would have prevented the harm caused by the negligence of the attorney. This is known as proximate cause.

It can happen in a variety of ways. The most frequent kinds of malpractice are the failure to meet a deadline, including a statute of limitation, failure to perform a conflict check or other due diligence check on a case, improperly applying the law to a client's case or breaking a fiduciary duty (i.e. commingling trust account funds with attorney's personal accounts), mishandling of the case, or not communicating with the client.

In the majority of medical malpractice cases the plaintiff is seeking compensation damages. These damages compensate the victim for out-of pocket expenses and losses such as medical and hospitals bills, equipment costs to aid in recovery and lost wages. In addition, victims can claim non-economic damages, such as suffering and suffering as well as loss of enjoyment life, and emotional distress.

Legal malpractice attorney cases usually involve claims for compensatory as well as punitive damages. The first is meant to compensate the victim for losses caused by negligence on the part of the attorney while the latter is designed to discourage future malpractice on the defendant's part.