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Medical Malpractice Lawsuits

Attorneys have a fiduciary duty to their clients, and are required to act with diligence, skill and care. Attorneys make mistakes, as do other professional.

Not every mistake made by an attorney can be considered malpractice. To establish legal malpractice, the aggrieved party must show that there was breach of duty, causation, breach and damages. Let's examine each of these aspects.

Duty

Doctors and other medical professionals swear by their training and experience to help patients and not to cause harm to others. The 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 help you determine if your doctor's actions violated this duty of care, and if the breach caused injury or illness to you.

To establish a duty of care, your lawyer must to demonstrate that a medical professional had a legal relationship with you, in which they had a fiduciary obligation to perform their duties with a reasonable level of expertise and care. Establishing that this relationship existed may require evidence, such as the records of your doctor and patient or eyewitness testimony, as well as expert testimony from doctors with similar experiences, education and training.

Your lawyer will also have to prove that the medical professional violated their duty of care by not submitting to the accepted standards of practice in their area of expertise. This is often called negligence. Your attorney will assess the conduct of the defendant to what a reasonable individual would do in the same circumstance.

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

Breach

A doctor is bound by a duty of treatment to his patients that conforms to the highest standards of medical practice. If a doctor does not adhere to these standards and the failure results in injury, then medical malpractice and negligence could occur. Expert evidence from medical professionals who have similar training, certificates, skills and experience can help determine the quality of care in a given situation. State and federal laws, along with guidelines from the institute, help define what doctors are expected to provide for specific types of patients.

To win a malpractice claim the evidence must prove that the doctor violated his or her duty of care and that the violation was the sole cause of an injury. In legal terms, this is referred to as the causation element and it is vital that it is established. If a doctor has to take an x-ray of an injured arm, they must place the arm in a casting and correctly place it. If the doctor fails to do this and the patient suffers a permanent loss of the use of their arm, malpractice law firms may have taken place.

Causation

Attorney malpractice claims rely on evidence that shows the attorney's mistakes resulted in financial losses for the client. For example when a lawyer does not file a lawsuit within the statute of limitations, leading to the case being lost for ever the person who was injured may bring legal malpractice claims.

It is important to understand that not all errors made by attorneys are mistakes that constitute malpractice. Planning and strategy errors are not typically considered to be malpractice. Attorneys have a broad range of discretion to make decisions as long as they're reasonable.

Likewise, the law gives attorneys a wide range of options to refuse to conduct discovery on the behalf of their clients, malpractice Attorney as long as it was not unreasonable or negligent. Failing to discover important information or documents, such as medical reports or statements of witnesses, is a potential example of legal malpractice. Other examples of malpractice are the failure to include certain defendants or claims, such as not noticing a survival count in an unjustly-dead case, or the repeated failure to communicate with clients.

It is also important to remember the fact that the plaintiff needs to prove that if not for the lawyer's careless conduct, they would have won their case. Otherwise, the plaintiff's claim for malpractice will be denied. This makes it difficult to bring an action for legal malpractice. It is essential to choose an experienced attorney.

Damages

To win a legal malpractice lawsuit the plaintiff must prove actual financial losses caused by an attorney's actions. In the case of a lawsuit this has to be proven through evidence, such as expert testimony and correspondence between the attorney and client. The plaintiff must also show that a reasonable attorney could have prevented the damage caused by the lawyer's negligence. This is called proximate causation.

It can happen in many different ways. The most frequent kinds of malpractice are failing to adhere to a deadline, which includes a statute of limitations, a failure to conduct a check on conflicts or other due diligence of a case, improperly applying the law to a client's case or breaching a fiduciary obligation (i.e. mixing trust account funds with an attorney's personal accounts) or mishandling a case, and failing to communicate with clients.

Medical Malpractice Attorney lawsuits typically involve claims for compensation damages. These compensate the victim for the expenses out of pocket and losses, such as hospital and medical bills, the cost of equipment that aids in recovery, and lost wages. Victims can also seek non-economic damages, such as discomfort and pain, loss of enjoyment of their lives, and emotional suffering.

In many legal malpractice cases, there are lawsuits for punitive as well as compensatory damages. The former compensates victims for losses caused by negligence on the part of the attorney while the latter is designed to discourage any future malpractice on the part of the defendant.