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Medical Malpractice Lawsuits

Attorneys have a fiduciary obligation with their clients and are required to act with care, diligence and expertise. However, like all professionals, attorneys make mistakes.

Every mistake made by an attorney is negligence. To prove legal negligence, the aggrieved must show duty, breach of duty, causation, and damage. Let's review each of these aspects.

Duty-Free

Medical professionals and doctors take an oath to use their skill and training to treat patients and not cause additional harm. Duty of care is the foundation for patients' right to compensation if they are injured by medical malpractice. Your attorney will determine if the actions of your doctor breached the duty of care and if the breach resulted in your injury or illness.

Your lawyer must prove that the medical professional was bound by an obligation of fiduciary to act with reasonable skill and care. To prove that the relationship existed, you may require evidence, such as your doctor-patient records or eyewitness evidence, or expert testimony from doctors who have similar experience, education and training.

Your lawyer will also have to show that the medical professional violated their duty of caring by not adhering to the accepted standards of their field. This is often called negligence. Your attorney will examine the defendant's actions to what a reasonable person would perform in the same situation.

Your lawyer must demonstrate that the defendant's breach of duty directly led to damage or loss to you. This is referred to as causation, and your lawyer will make use of evidence such as your doctor-patient documents, witness statements, and expert testimony to show that the defendant's inability to adhere to the standards of care in your case was the direct cause of your injury or loss.

Breach

A doctor is responsible for the duties of care that adhere to professional standards in medical practice. If a doctor fails to meet those standards, and the result is an injury that is medically negligent, negligence could occur. Expert evidence from medical professionals who have similar training, certifications and skills can help determine the level of care in a given situation. State and federal laws as well as institute policies also help determine what doctors are required to perform for specific types of patients.

To prevail in a malpractice case, it must be shown that the doctor breached his or his duty of care and that the breach was the direct cause of injury. This is known in legal terms as the causation element and it is essential to prove it. If a doctor has to take an x-ray of an injured arm, they must put the arm in a cast and then correctly place it. If the doctor fails to perform this, and the patient suffers a permanent loss in the use of the arm, then malpractice may be at play.

Causation

Attorney malpractice claims are based on evidence that demonstrates that the attorney's mistakes resulted in financial losses for the client. For example, if a lawyer fails to file an action within the timeframe of limitations, resulting in the case being lost for ever and the victim could bring legal malpractice lawsuits.

However, it's crucial to be aware that not all mistakes made by attorneys constitute mistakes that constitute malpractice. Mistakes in strategy and planning aren't usually considered to be a violation of the law, and attorneys have lots of freedom to make judgement calls so long as they're reasonable.

The law also allows lawyers considerable latitude to not perform discovery on behalf of a client, so long as the error was not unreasonable or a result of negligence. Legal malpractice is committed when a lawyer fails to find important documents or facts, such as medical reports or witness statements. Other instances of malpractice could be a failure to add certain claims or defendants such as omitting to make a survival claim in a wrongful death case or the continual and long-running failure to communicate with clients.

It is also important to consider the fact that the plaintiff needs to prove that if not for the lawyer's careless conduct they could have won their case. The claim of the plaintiff for malpractice will be dismissed if it's not proved. This requirement makes the process of bringing legal malpractice lawsuits difficult. This is why it's essential to choose an experienced attorney to represent you.

Damages

To win a legal malpractice case, plaintiffs must show financial losses incurred by the actions of an attorney. In a lawsuit, this needs to be demonstrated using evidence, such as expert testimony and correspondence between the client and attorney. The plaintiff must also show that a reasonable attorney would have prevented the harm caused by the lawyer's negligence. This is referred to as the proximate cause.

The causes of malpractice vary. The most frequent kinds of malpractice are failing to adhere to a deadline, which includes the statute of limitations, a failure to conduct a check on conflicts or other due diligence of the case, not applying the law to a client's case or breaching a fiduciary obligation (i.e. commingling trust account funds with an attorney's personal accounts) or mishandling the case, and failing to communicate with a client.

Medical malpractice lawsuits typically include claims for compensatory damages. These compensations are intended to compensate the victim for out-of pocket expenses and expenses like hospital and medical bills, the cost of equipment to aid recovery, and lost wages. In addition, the victims can seek non-economic damages, such as pain and suffering, loss of enjoyment of life and emotional distress.

Legal malpractice cases typically involve claims for compensatory as well as punitive damages. The former compensates a victim for the loss resulting from the negligence of an attorney, while the latter is intended to deter any future malpractice committed by the defendant.