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Medical Malpractice Lawsuits

Attorneys have a fiduciary connection with their clients and are expected to behave with care, diligence and ability. Attorneys make mistakes, as do other professional.

The mistakes made by an attorney is negligence. To establish legal malpractice, the victim must prove duty, breach, causation and damage. Let's look at each of these elements.

Duty

Medical professionals and doctors swear to use their training and skills to cure patients and not cause further harm. The duty of care is the basis for the right of a patient to be compensated for injuries caused by medical malpractice lawsuit. Your attorney can assist you determine if your doctor's actions breached this duty of care, and whether the breach caused injury or illness to you.

Your lawyer must establish that the medical professional in question owed you a fiduciary duty to act with reasonable skill and care. This can be proved by eyewitness testimony of witnesses, doctor-patient documents and expert testimony from doctors who have similar education, experience, and training.

Your lawyer will also need to demonstrate that the medical professional breached their duty of caring in not adhering to the accepted standards in their field. This is typically called negligence. Your lawyer will be able to compare what the defendant did with what a reasonable individual would do in a similar situation.

Then, your lawyer has to prove that the defendant's lapse of duty directly led to damage or loss to you. This is known as causation. Your lawyer will use evidence, such as your doctor/patient documents, witness testimony and expert testimony, to prove that the defendant’s failure to comply with the standard of care was the primary cause of the injury or loss to you.

Breach

A doctor owes patients duties of care that are consistent with the standards of medical professional practice. If a doctor fails to meet those standards and that failure results in injury, then medical malpractice and negligence could occur. Expert testimonials from medical professionals who have similar training, certificates as well as experience and qualifications can help determine the quality of care in a particular situation. State and federal laws and institute policies also define what doctors must do for specific types of patients.

In order to win a malpractice claim it must be established that the doctor did not fulfill his or her duty to care and that the breach was the sole cause of an injury. This is referred to in legal terms as the causation element, and it is crucial to prove it. If a doctor needs to conduct an x-ray examination of an injured arm, they must put the arm in a cast and properly set it. If the doctor fails to complete this task and the patient suffers a permanent loss of the use of the arm, then malpractice may have taken place.

Causation

Lawyer malpractice claims are built on the basis of evidence that a lawyer made mistakes that resulted in financial losses to the client. For example when a lawyer fails to file a lawsuit within the statute of limitations, leading to the case being lost for ever the person who was injured could bring legal malpractice lawsuits.

It is important to recognize that not all errors made by lawyers constitute illegal. Planning and strategy errors do not usually constitute the definition of malpractice. Attorneys have a broad decision-making discretion to make decisions as long as they're rational.

The law also allows lawyers the right to refuse to conduct discovery on behalf of clients in the event that the reason for the delay was not unreasonable or negligent. The failure to discover crucial facts or documents, such as medical reports or statements of witnesses or medical reports, could be an instance of legal malpractice. Other examples of malpractice are the failure to include certain defendants or claims, such as the mistake of not remembering a survival number for the case of wrongful death or the recurrent failure to communicate with clients.

It's also important that it must be proved that, had it not been the lawyer's negligence, the plaintiff would have won the underlying case. The claim of the plaintiff for malpractice is rejected if it is not proven. This requirement makes the process of bringing legal malpractice lawsuits difficult. It's crucial to hire an experienced attorney.

Damages

A plaintiff must prove that the attorney's actions resulted in actual financial losses to prevail in a legal malpractice suit. In a lawsuit, this must be proved with evidence, like expert testimony or correspondence between the client and attorney. The plaintiff must also show that a reasonable attorney could have prevented the harm caused by the lawyer's negligence. This is referred to as the proximate cause.

Malpractice can occur in many different ways. Some of the most common mistakes include: not meeting a deadline or statute of limitations; not performing an investigation into a conflict in an issue; applying the law incorrectly to a client's particular situation; and breaking the fiduciary obligation (i.e. commingling trust account funds with attorney's personal accounts) or mishandling the case, or failing to communicate with the client.

In most medical malpractice cases the plaintiff will seek compensatory damages. These compensations are intended to compensate the victim for out-of-pocket expenses as well as expenses such as medical and hospitals bills, the cost of equipment to help recover and lost wages. Additionally, victims may claim non-economic damages, such as pain and suffering as well as loss of enjoyment life, and emotional distress.

In a lot of legal malpractice attorney cases, there are cases for punitive and compensatory damages. The former compensates victims for the loss resulting from the negligence of the attorney, whereas the latter is designed to discourage future malpractice by the defendant.