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Medical Malpractice Lawsuits

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

The mistakes made by an attorney constitutes malpractice. To prove legal malpractice, an aggrieved party has to prove that there was breach of duty, causation, breach and damage. Let's take a look at each of these aspects.

Duty

Medical professionals and doctors swear the oath of using their knowledge and expertise to cure patients, not causing further harm. A patient's legal right to receive compensation for injuries resulting from medical malpractice hinges on the concept of duty of care. Your lawyer can help determine whether or not your doctor's actions violated this duty of care, and whether those breaches caused harm or illness to your.

Your lawyer has to prove that the medical professional in question owed you the fiduciary obligation to act with reasonable competence and care. This can be proved by eyewitness testimony of witnesses, doctor-patient reports and expert testimony from doctors with similar educational, experience and training.

Your lawyer will also need to demonstrate that the medical professional violated their duty of caring by not adhering to the accepted standards in their area of expertise. This is often called negligence. Your attorney will compare the defendant's behavior to what a reasonable individual would do in the same situation.

Then, your lawyer has to prove that the defendant's breach of duty directly caused damage or loss to you. This is known as causation, and your attorney will use evidence such as your doctor-patient records, witness statements and malpractice expert testimony to demonstrate that the defendant's inability to adhere to the standard of care in your case was the direct cause of your injury or loss.

Breach

A doctor has a duty of care to his patients which conforms to the highest standards of medical practice. If a doctor does not meet those standards and fails to do so results in injury, then negligence and medical malpractice might occur. Expert witness testimony from medical professionals that have similar training, certificates and skills can help determine the quality of care in a particular situation. Federal and state laws, along with policies of the institute, help determine what doctors are required to provide for specific types of patients.

To win a malpractice case it must be proven that the doctor breached his or her duty of care and that the breach was the direct cause of injury. This is referred to in legal terms as the causation component and it is essential to establish. For instance an injured arm requires an x-ray the doctor has to properly fix the arm and place it in a cast to ensure proper healing. If the doctor failed to do this and the patient suffered an irreparable loss of function of that arm, then malpractice may have occurred.

Causation

Attorney malpractice claims are based on evidence that shows the attorney's mistakes resulted in financial losses for the client. For malpractice instance, if a lawyer fails to file a lawsuit within the statute of limitations, which results in the case being lost for ever the person who was injured can bring legal malpractice actions.

However, it's important to understand that not all errors made by attorneys constitute malpractice. Errors involving strategy and planning do not typically constitute malpractice attorneys are given lots of freedom to make judgement calls so long as they are reasonable.

Additionally, the law grants attorneys a lot of discretion to perform discovery on the behalf of clients, so long as it was not unreasonable or negligent. Inability to find important documents or facts like medical or witness statements could be a sign of legal malpractice. Other examples of malpractice include a inability to include certain defendants or claims such as omitting to submit a survival count in a case of wrongful death or the consistent and persistent inability to communicate with a client.

It's also important to note that it must be proved that but the lawyer's negligence, the plaintiff would have won the case. If not, the plaintiff's claims for malpractice will be rejected. This requirement makes bringing legal malpractice claims difficult. It's important to find an experienced attorney to represent you.

Damages

To win a legal malpractice suit, the plaintiff must prove actual financial losses that result from the actions of an attorney. In a lawsuit, this needs to be demonstrated using evidence, like expert testimony or correspondence between the attorney and the client. In addition the plaintiff must demonstrate that a reasonable lawyer would have avoided the damage caused by the negligence of the attorney. This is referred to as proximate causation.

Malpractice can occur in many different ways. Some of the most common types of malpractice law firm include the failure to meet a deadline, for example, a statute of limitation, failure to conduct a conflict check or other due diligence check on a case, improperly applying law to a client's circumstance or breaching a fiduciary obligation (i.e. merging funds from a trust account with the attorney's personal accounts or handling a case in a wrong manner, and not communicating with the client are all examples of malpractice.

Medical malpractice suits typically involve claims for compensatory damages. They compensate the victim for the out-of-pocket expenses and losses, for example medical and hospital bills, costs of equipment required to aid in recovery, and lost wages. Victims can also claim non-economic damages, such as discomfort and pain, loss of enjoyment of their lives, and emotional suffering.

Legal malpractice cases usually include claims for compensatory and punitive damages. The former compensates a victim for losses caused by the negligence of the attorney, while the latter is designed to deter future malpractice lawyers by the defendant.