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Medical Malpractice Lawsuits

Attorneys hold a fiduciary relationship with their clients and are required to act with care, diligence and ability. However, like all professionals attorneys make mistakes.

The mistakes made by an attorney is an act of malpractice lawyers. To prove legal negligence, the aggrieved must show duty, breach of duty, causation and damages. Let's examine each of these elements.

Duty-Free

Doctors and other medical professionals swear to use their training and experience to treat patients and not to cause harm to others. The duty of care is the foundation for patients' right to compensation for injuries caused by medical negligence. Your lawyer can assist you determine whether or not the actions of your doctor violated this duty of care, and whether the breach caused injury or illness to you.

Your lawyer must prove that the medical professional in question owed you the duty of a fiduciary to perform with reasonable skill and care. Establishing that this relationship existed may require evidence, such as your doctor-patient records or eyewitness evidence, or experts from doctors with similar experiences, education and training.

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 commonly known as negligence. Your lawyer will evaluate what the defendant did to what a reasonable person would do in a similar situation.

Your lawyer will also need to prove that the defendant's negligence directly caused your injury or loss. This is called causation. Your lawyer will use evidence like your doctor or patient documents, witness testimony and expert testimony, to prove that the defendant's failure to meet the standards of care was the direct cause of your injury or loss to you.

Breach

A doctor has a duty to patients of care that are consistent with the standards of medical professional practice. If a doctor does not adhere to these standards and the failure results in an injury that is medically negligent, negligence could result. Expert evidence from medical professionals who have the same training, certifications or experience can help determine the level of care in a particular situation. State and federal laws as well as institute policies also help determine what doctors should do for specific types of patients.

To prevail in a malpractice lawsuit it must be proven that the doctor violated his or her duty of care and that the breach was a direct cause of an injury. This is referred to in legal terms as the causation element, and it is vital that it be established. For example when a broken arm requires an xray, the doctor must properly set the arm and place it in a cast to ensure proper healing. If the doctor did not perform this task and the patient suffered a permanent loss of use of that arm, then malpractice may have occurred.

Causation

Attorney malpractice claims rely on evidence that shows the attorney's mistakes caused financial losses to the client. For instance the lawyer fails to file an action within the timeframe of limitations, leading to the case being lost forever the party who suffered damages could bring legal malpractice lawsuits.

It is important to understand that not all mistakes by lawyers are considered to be malpractice. Strategies and planning mistakes aren't usually considered to be a sign of malpractice. Attorneys have a broad decision-making discretion to make decisions, as long as they're reasonable.

The law also gives attorneys a lot of discretion to conduct discovery on the behalf of clients, so long as the action was not negligent or unreasonable. Legal malpractice can be caused through the failure to uncover important documents or facts, like medical reports or witness statements. Other examples of malpractice include a failure to add certain defendants or claims, such as forgetting to file a survival count in a wrongful death case or the consistent and long-running failure to communicate with the client.

It is also important to keep in mind the necessity for the plaintiff to show that if it wasn't for the lawyer's negligent conduct they would have won their case. If not, the plaintiff's claims for malpractice will be denied. This requirement makes the process of bringing legal malpractice lawsuits difficult. It's essential to choose an experienced attorney to represent you.

Damages

A plaintiff must demonstrate that the attorney's actions resulted in actual financial losses to win a legal malpractice lawsuit. In a lawsuit, this must be proven through evidence, such as expert testimony and correspondence between the attorney and client. The plaintiff must also show that a reasonable attorney would have prevented the damage caused by the negligence of the lawyer. This is referred to as the proximate cause.

The act of malpractice can be triggered in a variety of different ways. Some of the more common kinds of malpractice are: failing to meet a deadline, such as the statute of limitations, failing to conduct a conflict-check or any other due diligence on the case, not applying the law to the client's situation or breaching a fiduciary obligation (i.e. merging funds from a trust account an attorney's own accounts or handling a case in a wrong manner, and not communicating with the client are just a few examples of misconduct.

In most medical malpractice cases the plaintiff is seeking compensatory damages. These damages compensate the victim for expenses out of pocket and expenses like medical and hospitals bills, equipment costs to aid recovery, and lost wages. Victims can also claim non-economic damages such as discomfort and pain and loss of enjoyment their lives, as well as emotional stress.

In a lot of legal malpractice cases, there are claims for punitive and compensatory damages. The former compensates the victim for the loss resulting from the attorney's negligence, while the latter is designed to deter future malpractice by the defendant.