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Medical Malpractice Lawsuits

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

Not every mistake made by an attorney constitutes malpractice. To prove legal malpractice, an victim must prove the breach of duty, duty, causation and damages. Let's take a look at each of these aspects.

Duty-Free

Medical professionals and doctors swear to use their education and skills to cure patients and not to cause further harm. A patient's legal right to compensation for injuries sustained from medical malpractice hinges on the notion of the duty of care. Your lawyer can assist you determine if the actions of your doctor violated this duty of care, and if these breaches caused harm or illness to your.

To prove a duty to care, your lawyer must to prove that a medical professional has an legal relationship with you that owed you a fiduciary responsibility to exercise an acceptable level of expertise and care. Establishing that this relationship existed could require evidence like the records of your doctor-patient eyewitness accounts and expert testimony from doctors with similar knowledge, experience, and education.

Your lawyer will also need to establish that the medical professional violated their duty of caring by failing to adhere 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 also demonstrate that the breach of the defendant's duty directly caused your loss or injury. This is referred to as causation, and your lawyer will make use of evidence like your medical documents, witness statements and expert testimony to prove that the defendant's failure to adhere to the standards of care in your case was the direct cause of your loss or injury.

Breach

A doctor owes patients duties of care that conform to professional standards in medical practice. If a doctor does not meet these standards and the failure causes injury, then negligence and medical malpractice might occur. Expert testimonials from medical professionals who have the same training, certifications as well as experience and qualifications can help determine the appropriate level of care in a given situation. Federal and state laws, as well as institute policies, define what doctors are required to do for certain types of patients.

To win a malpractice case the case must be proved that the doctor breached his or her duty of care and that the breach was the direct cause of injury. This is referred to in legal terms as the causation element and it is imperative to prove it. For example, if a broken arm requires an xray the doctor must properly set the arm and then place it in a cast to ensure proper healing. If the doctor did not do this and the patient was left with permanent loss of use of that arm, then malpractice may have occurred.

Causation

Attorney malpractice claims are based on evidence that shows the attorney's errors resulted in financial losses for the client. For example when a lawyer fails to file an action within the timeframe of limitations, resulting in the case being lost for ever, the injured party can bring legal malpractice lawyer actions.

However, it's important to recognize that not all errors made by lawyers are a sign of malpractice. Errors involving strategy and planning do not typically constitute malpractice attorneys have plenty of discretion to make decisions based on their judgments as long as they're reasonable.

The law also grants attorneys ample discretion to refrain from performing discovery on behalf of their clients, so long as the decision was not arbitrary or negligent. Inability to find important information or documents, such as medical or witness statements, is a potential example of legal malpractice. Other examples of malpractice include a failure to add certain claims or defendants such as omitting to submit a survival count in a wrongful death lawsuit, or the repeated and long-running failure to contact a client.

It is also important to consider the fact that the plaintiff must prove that, if not due to the lawyer's negligent behavior, they would have prevailed. If not, the plaintiff's claims for malpractice will be denied. This makes bringing legal malpractice claims difficult. It's important to choose a seasoned attorney to represent you.

Damages

In order to prevail in a legal malpractice lawsuit, the plaintiff must show actual financial losses resulting from the actions of the attorney. This has to be demonstrated in a lawsuit with evidence like expert testimony, correspondence between the client and attorney as well as billing records and other documentation. A plaintiff must also prove that a reasonable attorney could have prevented the damage caused by the lawyer's negligence. This is known as the proximate cause.

Malpractice can occur in many different ways. Some of the more common types of malpractice include: failing to meet a deadline, such as the statute of limitation, failure to perform a conflict check or any other due diligence on the case, not applying law to a client's circumstance and breaching a fiduciary responsibility (i.e. the commingling of funds from a trust account with the attorney's own accounts, mishandling a case and failing to communicate with the client are all examples of malpractice.

Medical malpractice lawsuits typically involve claims for compensation damages. They compensate the victim for expenses out of pocket and losses, like medical and hospital bills, the cost of equipment required to aid in recovering, and lost wages. Additionally, victims may claim non-economic damages, such as pain and suffering as well as loss of enjoyment life and emotional suffering.

Legal malpractice cases usually involve claims for compensatory or punitive damages. The former compensates a victim for losses caused by the negligence of an attorney, while the latter is intended to deter future malpractice law firms by the defendant.