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Medical Malpractice Lawsuits

Attorneys have a fiduciary connection with their clients and are expected to behave with diligence, care and competence. But, as with all professionals attorneys make mistakes.

The errors made by attorneys are a result of malpractice. To establish legal malpractice, the victim must prove duty, breach, causation and damages. Let's look at each of these elements.

Duty

Doctors and medical professionals take the oath of using their expertise and knowledge to cure patients, not to cause further harm. The duty of care is the foundation for patients' right to compensation for injuries caused by medical malpractice. Your attorney can determine if your doctor's actions violated the duty of care and if these breaches resulted in your injury or illness.

To prove a duty of care, your lawyer needs to demonstrate that a medical professional had an legal relationship with you and were bound by a fiduciary duty to perform their duties with reasonable expertise and care. This can be demonstrated by eyewitness testimony, physician-patient records, and expert testimony of doctors who have similar education, experience and training.

Your lawyer will also have to prove that the medical professional breached their duty of care by failing to adhere to the accepted standards of care in their area of expertise. This is often referred to as negligence. Your attorney will examine the defendant's actions to what a reasonable person would do in the same circumstance.

In addition, your lawyer must demonstrate that the defendant's breach of duty directly led to the loss or injury you suffered. This is referred to as causation, and your lawyer will make use of evidence like your medical documents, witness statements, and expert testimony to show that the defendant's failure to uphold the standard of care in your case was a direct cause of your injury or loss.

Breach

A doctor has a duty of care for his patients that conforms to the highest standards of medical practice. If a doctor does not adhere to these standards and that failure causes injury, then medical malpractice and negligence could occur. Expert witness testimony from medical professionals that have similar training, certifications and skills can help determine the appropriate level of care in any given situation. Federal and state laws and institute policies also determine what doctors should do for specific types of patients.

To prevail in a malpractice case the case must be proved that the doctor violated his or duty of care and that the breach was a direct cause of an injury. This is known in legal terms as the causation factor and it is crucial that it be established. If a doctor has to obtain an xray of a broken arm, they have to put the arm in a cast and correctly set it. If the doctor did not perform this task and the patient was left with a permanent loss of the use of the arm, then malpractice could have occurred.

Causation

Attorney malpractice claims are based on evidence that demonstrates that the attorney's mistakes caused financial losses to the client. For instance, if a lawyer does not file a lawsuit within the prescribed time of limitations, leading to the case being lost forever and the victim could bring legal malpractice lawsuits.

It is important to recognize that not all mistakes made by attorneys constitute mistakes that constitute malpractice. Strategies and mistakes are not generally considered to be malpractice attorney and lawyers have lots of freedom to make judgment calls as long as they are reasonable.

In addition, the law allows attorneys a wide range of options to refuse to conduct discovery on the behalf of their clients, as long as the action was not unreasonable or negligent. Legal malpractice is committed by failing to discover important documents or information, such as medical reports or witness statements. Other examples of malpractice are the failure to include certain defendants or claims, for instance not noticing a survival count in the case of wrongful death or the inability to communicate with clients.

It is also important to note the fact that the plaintiff needs to prove that if not the lawyer's negligence they would have won their case. Otherwise, the plaintiff's claim for malpractice will be rejected. This requirement makes the process of bringing legal malpractice lawsuits difficult. It's crucial to hire an experienced attorney to represent you.

Damages

To prevail in a legal malpractice suit, the plaintiff must show actual financial losses incurred by an attorney's actions. This has to be demonstrated in a lawsuit with evidence such as expert testimony, correspondence between the client and attorney or billing records, and other evidence. In addition, the plaintiff must prove that a reasonable lawyer would have prevented 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. Some of the more common kinds of malpractice are the failure to meet a deadline, for example, a statute of limitations, failing to conduct a check on conflicts or other due diligence check on a case, improperly applying the law to a client's case or breaching a fiduciary obligation (i.e. the commingling of trust account funds with an attorney's personal accounts) or a mishandling of the case, and failing to communicate with clients.

Medical malpractice attorney suits typically involve claims for compensatory damages. These damages compensate the victim for out-of pocket expenses and expenses such as hospital and medical bills, the cost of equipment to help recover and lost wages. Victims are also able to claim non-economic damages, such as pain and discomfort as well as loss of enjoyment from their lives, as well as emotional stress.

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