Medical Malpractice Lawsuits

Attorneys have a fiduciary duty to their clients, and they must act with a high degree of skill, diligence and care. Attorneys make mistakes, just like every other professional.

The mistakes made by an attorney constitutes negligence. To prove negligence in a legal sense the person who was hurt must prove the duty, breach of duty, causation and damage. Let's look at each of these aspects.

Duty

Medical professionals and doctors take an oath that they will use their expertise and knowledge to treat patients and not causing further harm. The legal right of a patient to receive compensation for injuries resulting from medical malpractice hinges on the notion of duty of care. Your attorney can assist you determine if the actions of your doctor violated this duty of care, and if these breaches resulted in injury or illness to you.

To establish a duty of care, your lawyer must to show that a medical professional had a legal relationship with you that owed you a fiduciary responsibility to exercise reasonable expertise and care. The proof of this relationship may require evidence such as your doctor-patient records, eyewitness statements and expert testimony from doctors who have similar knowledge, experience, and education.

Your lawyer must also show that the medical professional violated their duty of care by not adhering to the standards of practice that are accepted in their field. This is commonly referred to by the term negligence. Your lawyer will evaluate the actions of the defendant to what a reasonable individual 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 referred to as causation. Your lawyer will make use of evidence like your doctor or patient documents, witness testimony and expert testimony, to prove that the defendant's failure meet the standard of care was the primary cause of 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 the result is an injury or medical malpractice, then negligence could result. Typically, expert testimony from medical professionals who have the same training, qualifications and certifications will aid in determining what the best standard of care should be in a particular case. State and federal laws, along with institute policies, determine what doctors are required to do for certain kinds of patients.

To prevail in a malpractice lawsuit it must be proven that the doctor breached his or her duty of care and that the breach was a direct cause of injury. In legal terms, this is referred to as the causation component, and it is vital to establish. For instance when a broken arm requires an xray the doctor has to properly place the arm and put it in a cast for proper healing. If the doctor failed to perform this task and the patient suffered an irreparable loss of the use of the arm, then malpractice may have occurred.

Causation

Attorney malpractice claims rely on evidence that demonstrates that the attorney's errors caused financial losses to the client. For example the lawyer does not file a lawsuit within the prescribed time of limitations, resulting in the case being lost forever the party who suffered damages could bring legal malpractice attorneys lawsuits.

However, it's important to realize that not all errors made by lawyers constitute illegal. Strategies and mistakes do not typically constitute malpractice, and attorneys have lots of freedom to make decisions based on their judgments as long as they are reasonable.

The law also gives attorneys the right to perform discovery on the behalf of their clients, as provided that the decision was not negligent or unreasonable. Failing to discover important documents or facts like medical or witness statements or medical reports, could be an instance of legal malpractice. Other examples of malpractice are the failure to add certain defendants or claims, for instance failing to include a survival count for the case of wrongful death or the constant failure to communicate with clients.

It is also important to keep in mind the fact that the plaintiff needs to demonstrate that, if it weren't due to the lawyer's negligent behavior, they could have won their case. Otherwise, the plaintiff's claim for malpractice will be rejected. This 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 have caused actual financial losses in order to win a legal malpractice suit. In the case of a lawsuit this has to be proved with evidence, like expert testimony or correspondence between the attorney and client. A plaintiff must also prove that a reasonable attorney could have prevented the harm caused by the negligence of the lawyer. This is known as proximate causation.

It can happen in many different ways. Some of the most common types of malpractice include: failing to meet a deadline, for example, a statute of limitations, failure to conduct a conflict-check or other due diligence on the case, not applying the law to a client's case or breaking a fiduciary duty (i.e. the commingling of funds from a trust account the attorney's personal accounts or handling a case improperly and not communicating with the client are just a few examples of misconduct.

Medical malpractice lawsuits typically include claims for compensation damages. These damages compensate the victim for the cost of out-of-pocket expenses and losses, such as medical and hospitals bills, equipment costs to help recover and lost wages. In addition, victims can be able to claim non-economic damages such as suffering and suffering as well as loss of enjoyment life, and emotional distress.

Legal malpractice cases typically include claims for compensatory and punitive damages. The former compensates victims for losses resulting from the negligence of the attorney, while the latter is intended to deter future malpractice by the defendant.