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Medical Malpractice Lawsuits

Attorneys have a fiduciary obligation with their clients and are expected to act with care, diligence and ability. Attorneys make mistakes just like any other professional.

Not every mistake made by an attorney constitutes negligence. To prove that legal malpractice has occurred, the aggrieved party must show duty, breach, causation and damages. Let's review each of these aspects.

Duty-Free

Medical professionals and doctors swear to use their training and expertise to treat patients and not to cause further harm. The duty of care is the foundation for patients' right to compensation if they are injured by medical negligence. Your attorney will determine if your doctor's actions breached the duty of medical care and if those breaches caused injury or illness.

Your lawyer has to prove that the medical professional was bound by a fiduciary duty to act with reasonable skill and malpractice lawsuits care. The proof of this relationship may require evidence, such as your doctor-patient records, eyewitness statements and experts from doctors with similar experiences, education and training.

Your lawyer will also have to prove that the medical professional violated their duty of caring in not adhering to the accepted standards in their field. This is typically known as negligence. Your lawyer will be able to compare what the defendant did to what a reasonable person would do in a similar situation.

Finally, your lawyer must demonstrate that the defendant's breach of duty directly led to your loss or injury. This is known as causation, and your attorney will rely on evidence like your medical documents, witness statements, and expert testimony to show that the defendant's inability to uphold the standard of care in your case was the direct cause of your injury or loss.

Breach

A doctor is bound by a duty of care to his patients which reflects professional medical standards. If a doctor fails to meet those standards, and the result is an injury or medical malpractice, malpractice lawsuits then negligence could result. Expert testimony from medical professionals who have similar training, certifications or experience can help determine the level of care in any given situation. State and federal laws, along with institute policies, help determine what doctors are required to provide for specific types of patients.

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

Causation

Attorney malpractice claims are based on evidence that the attorney's mistakes resulted in financial losses for the client. For example the lawyer does not file an action within the timeframe of limitations, leading to the case being lost for ever and the victim can bring legal malpractice actions.

It is crucial to realize that not all mistakes made by lawyers are considered to be malpractice. Mistakes in strategy and planning are not usually considered to be malpractice, and attorneys have a lot of latitude to make judgment calls as long as they are reasonable.

Additionally, the law grants attorneys a lot of discretion to perform discovery on the behalf of their clients, as long as it was not negligent or unreasonable. Legal malpractice can be triggered by failing to discover important documents or evidence, such as medical reports or witness statements. Other instances of malpractice include failure to add certain claims or defendants such as omitting to file a survival count in a wrongful death case or the continual and extended failure to contact clients.

It is also important to keep in mind the necessity for the plaintiff to prove that if not for the lawyer's careless conduct they would have won their case. The claim of malpractice law firms by the plaintiff will be dismissed if it's not proved. This makes the process of bringing legal malpractice lawsuits difficult. This is why it's crucial to hire an experienced attorney to represent you.

Damages

To win a legal malpractice case, the plaintiff must show actual financial losses resulting from the actions of the attorney. In the case of a lawsuit this has to be demonstrated using evidence, like expert testimony or correspondence between the attorney and the client. In addition the plaintiff has to prove that a reasonable lawyer would have avoided the harm that was caused by the attorney's negligence. This is known as proximate cause.

malpractice lawyer can manifest in a number of different ways. Some of the most common malpractices include: failing the deadline or statute of limitations; failing to perform an investigation into a conflict in an instance; applying the law in a way that is not appropriate to the client's circumstances; and breaching a fiduciary obligation (i.e. mixing trust account funds with personal attorney accounts) or mishandling an instance, and failing to communicate with the client.

In the majority of medical malpractice cases the plaintiff is seeking compensation damages. These damages compensate the victim for the cost of out-of-pocket expenses and losses such as hospital and medical bills, equipment costs to aid in recovery, and lost wages. In addition, victims can be able to claim non-economic damages such as pain and suffering as well as loss of enjoyment life and emotional distress.

In many legal malpractice cases there are lawsuits for punitive as well as compensatory damages. The former compensates a victim for the loss resulting from the attorney's negligence, while the latter is intended to discourage future malpractice by the defendant.