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Medical Malpractice Lawsuits

Attorneys are required to fulfill a fiduciary responsibility to their clients, and are required to act with a degree of diligence, skill and care. Attorneys make mistakes, just like any other professional.

Not every mistake made by an attorney is negligence. To establish legal malpractice, the aggrieved person must demonstrate duty, breach, causation and damages. Let's look at 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 further harm. A patient's legal right to compensation for injuries suffered from medical malpractice is based on the notion of the duty of care. Your attorney can help you determine if your doctor's actions violated this duty of care, and if these breaches caused injury or illness to you.

To prove a duty of care, your lawyer will need to prove that a medical professional had an official relationship with you that have a fiduciary obligation to perform their duties with reasonable expertise and care. This can be proved by eyewitness testimony, doctor-patient records and expert testimony of doctors with similar education, experience, and training.

Your lawyer must also show that the medical professional breached their duty of care by not submitting to the accepted standards of care in their area of expertise. This is often referred to as negligence, and your attorney will compare the defendant's behavior to what a reasonable individual would do in the same situation.

Finally, your lawyer must show that the defendant's breach of duty directly caused your loss or injury. This is referred to as causation. Your lawyer will rely on evidence like your doctor or patient reports, witness testimony and expert testimony to prove that the defendant’s failure to meet the standards of care was the main cause of the injury or loss to you.

Breach

A doctor has a responsibility of care to his patients that conforms to the highest standards of medical practice. If a physician fails to meet those standards and this results in injury, medical malpractice and negligence may occur. Expert evidence from medical professionals who have similar training, certificates or experience can help determine the quality of care in any given situation. State and federal laws as well as institute policies also help define what doctors must perform for specific types of patients.

To prevail in a malpractice lawsuit, it must be proven that the doctor violated his or her duty to care and that the breach was the sole cause of an injury. In legal terms, this is called the causation component and it is vital that it is established. If a physician has to obtain an xray of an injured arm, they must put the arm in a cast and then correctly set it. If the doctor is unable to do this and the patient suffers a permanent loss of use of the arm, malpractice may be at play.

Causation

Attorney malpractice claims rely on evidence that shows the attorney's errors caused financial losses to the client. For instance, if a lawyer does not file a lawsuit within the prescribed time of limitations, resulting in the case being lost forever and the victim could bring legal malpractice lawsuits.

It is important to realize that not all mistakes made by lawyers are a sign of malpractice. Mistakes in strategy and planning aren't usually considered to be a violation of the law attorneys have lots of freedom to make judgement calls so long as they're reasonable.

Additionally, the law grants attorneys considerable leeway to fail to perform discovery on a client's behalf, as long as it was not unreasonable or negligent. Failing to discover important details or documents, such as medical reports or statements of witnesses, is a potential example of legal malpractice. Other examples of malpractice are the failure to include certain defendants or claims, for instance forgetting a survival count for wrongful death cases or the constant failure to communicate with clients.

It is also important to remember 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 will be dismissed when it isn't proven. This requirement makes the process of bringing legal malpractice lawsuits - go to website, difficult. It is important to employ an experienced attorney.

Damages

A plaintiff must demonstrate that the lawyer's actions led to actual financial losses in order to prevail in a legal malpractice suit. In the case of a lawsuit this has to be demonstrated using evidence, such as expert testimony and correspondence between the attorney and the client. In addition the plaintiff must show that a reasonable lawyer would have prevented the damage caused by the negligence of the attorney. This is known as proximate cause.

Malpractice occurs in many ways. Some of the most common types of malpractice include: failing to meet a deadline, for example, the statute of limitation, failure to conduct a check on conflicts or other due diligence on the case, not applying the law to the client's situation or breaking a fiduciary duty (i.e. mixing trust funds with an attorney's personal accounts) or mishandling an instance, and failing to communicate with clients.

Medical malpractice lawsuits typically involve claims for compensatory damages. They are awarded to the victim in exchange for the expenses out of pocket and losses, for example medical and hospital bills, costs of equipment needed to aid in recovery, and lost wages. In addition, the victims can be able to claim non-economic damages like 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 first is meant to compensate victims for losses caused by negligence on the part of the attorney while the latter is meant to deter future malpractice on the part of the defendant.