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Medical Malpractice Lawsuits

Attorneys have a fiduciary duty to their clients, and they must behave with a high degree of skill, diligence and care. Attorneys make mistakes, just like any other professional.

The errors made by attorneys are legal malpractice. To prove legal malpractice, an victim must prove that there was breach of duty, causation, breach and damage. Let's look at each of these elements.

Duty

Medical professionals and doctors swear to use their training and experience to treat patients and not cause harm to others. Duty of care is the foundation for the right of a patient to be compensated for injuries caused by medical malpractice. Your attorney can assist you determine if your doctor's actions breached this duty of care, and if these breaches caused injuries or illness to you.

To establish a duty of care, your lawyer needs to prove that a medical professional has an official relationship with you and have a fiduciary obligation to exercise an acceptable level of expertise and care. The proof of this relationship could require evidence like your doctor-patient records eyewitness accounts and experts from doctors with similar qualifications, experience and education.

Your lawyer must also demonstrate that the medical professional violated their duty of care by not adhering to the accepted standards of practice in their area of expertise. This is often called negligence, and your attorney will examine the defendant's actions to what a reasonable individual would do in the same circumstance.

Finally, your lawyer must prove that the defendant's breach of duty directly caused damage or loss to you. This is known as causation. Your attorney will use evidence such as your doctor-patient 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 is bound by a duty of care for his patients that reflects professional medical standards. If a doctor fails meet those standards and fails to do so results in injury, medical malpractice and negligence could occur. Typically experts' testimony from medical professionals with similar training, skills or certifications will assist in determining what the minimum standard of care should be in a particular situation. State and federal laws and institute policies also help define what doctors must do for certain types of patients.

To prevail in a malpractice lawsuit the case must be proved that the doctor violated his or her duty of care and that this breach was a direct cause of injury. This is referred to in legal terms as the causation component and it is essential to establish. If a doctor has to conduct an x-ray examination of a broken arm, they have to put the arm in a cast and then correctly set it. If the doctor fails to do this and the patient loses their the use of the arm, malpractice could have taken place.

Causation

Lawyer malpractice attorneys claims are built on the basis of evidence that the attorney committed mistakes that resulted in financial losses for the client. For example, if a lawyer does not file an action within the timeframe of limitations, leading to the case being lost for ever the party who suffered damages could bring legal malpractice lawsuits.

It is crucial to realize that not all mistakes by attorneys constitute malpractice. The mistakes that involve strategy and planning aren't usually considered to be a violation of the law attorneys are given the ability to make judgement calls so long as they are reasonable.

In addition, the law allows attorneys a wide range of options to refuse to conduct a discovery process on a client's behalf, as long as it was not negligent or unreasonable. The failure to discover crucial documents or facts, such as medical or witness statements or medical reports, could be an instance of legal malpractice. Other examples of malpractice are a failure to add certain claims or defendants, such as forgetting to file a survival count in a wrongful death lawsuit, or the repeated and long-running inability to communicate with clients.

It's also important that it has to be proven that, had it not been the negligence of the lawyer, the plaintiff would have won the underlying case. In the event that it is not, the plaintiff's claim for malpractice will be denied. This requirement makes the process of bringing legal malpractice lawsuits difficult. It is important to employ an experienced attorney.

Damages

A plaintiff must prove that the lawyer's actions led to actual financial losses to win a legal malpractice suit. In the case of a lawsuit this has to be proven with evidence like expert testimony or correspondence between the attorney and the client. A plaintiff must also demonstrate that a reasonable attorney would have prevented the harm caused by the lawyer's negligence. This is known as proximate cause.

Malpractice can occur in many different ways. Some of the most common mistakes are: failing to meet the deadline or statute of limitations; not performing the necessary conflict checks on an instance; applying the law in a way that is not appropriate to the client's specific circumstances; and violating an obligation of fiduciary (i.e. Commingling funds from a trust account with the attorney's personal accounts or handling a case improperly and not communicating with the client are all examples of malpractice.

Medical malpractice suits typically involve claims for compensatory damages. These compensations are intended to compensate the victim for expenses out of pocket and expenses like medical and hospitals bills, equipment costs to aid in recovery and lost wages. In addition, victims may seek non-economic damages, such as pain and suffering or loss of enjoyment life and emotional suffering.

Legal malpractice cases often involve claims for compensatory or punitive damages. The former compensates a victim for the loss resulting from the attorney's negligence, while the latter is designed to deter any future malpractice committed by the defendant.