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Medical Malpractice Lawsuits

Attorneys hold a fiduciary relationship with their clients and are required to behave with diligence, care and competence. However, just like any other professional attorneys make mistakes.

A mistake made by an attorney can be considered negligence. To prove legal negligence the victim must demonstrate the duty, breach of duty, causation and damage. Let's take a look at each of these aspects.

Duty-Free

Doctors and medical professionals take the oath of using their expertise and knowledge to treat patients, and not to cause further harm. Duty of care is the foundation for the right of a patient to be compensated for injuries caused by medical negligence. Your attorney will determine if your doctor's actions violated the duty to care and if the breach caused you injury or illness.

To prove a duty of care, your lawyer must to prove that a medical professional had a legal relationship with you and owed you a fiduciary responsibility to act with reasonable expertise and care. This relationship may be proven by eyewitness testimony, physician-patient records, and expert testimony of doctors with similar educational, experience and training.

Your lawyer must also show that the medical professional breached their duty of care by not adhering to the accepted standards of practice in their field. This is often referred to as negligence, and your attorney will evaluate the defendant's conduct to what a reasonable person would take in the same scenario.

Your lawyer will also need to prove that the breach by the defendant caused direct injury or loss. This is known as causation. Your attorney will use evidence like your doctor-patient documents, witness statements, and expert testimony to demonstrate that the defendant's inability to uphold the standards of care in your case was a direct cause of your injury or loss.

Breach

A doctor owes patients duties of care that reflect professional standards in medical practice. If a doctor does not adhere to these standards and the failure results in injury, negligence and medical malpractice might occur. Typically the testimony of medical professionals who have the same training, qualifications and experience, as well as certifications and certificates will help determine what the appropriate standard of treatment should be in a particular circumstance. Federal and state laws, along with institute policies, determine what doctors are required to provide for specific types of patients.

To be successful in a malpractice case, it must be proven that the doctor acted in violation of his or her duty to take care of patients and that the breach was the primary cause of an injury. In legal terms, this is known as the causation component and it is vital to establish. If a physician has to take an x-ray of a broken arm, they must put the arm in a cast and properly set it. If the doctor fails to perform this, and the patient is left with a permanent loss of the use of their arm, malpractice could be at play.

Causation

Attorney malpractice claims are based on evidence that shows the attorney's errors resulted in financial losses for the client. Legal malpractice claims can be filed by the person who was injured for example, if the lawyer fails to file the lawsuit within the timeframes set by the statute of limitations and this results in the case being lost forever.

It's important to recognize that not all errors made by attorneys constitute malpractice. Mistakes in strategy and planning are not usually considered to be malpractice and lawyers have the ability to make decisions based on their judgments as long as they are reasonable.

The law also gives attorneys a lot of discretion to conduct discovery on the behalf of their clients, as long as it was not unreasonable or negligent. Legal malpractice is committed by not obtaining crucial documents or evidence, such as medical reports or witness statements. Other instances of malpractice could be a failure to add certain defendants or claims such as omitting to make a survival claim in a wrongful-death case or the continual and prolonged failure to contact the client.

It's also important that it must be proven that, had it not been the lawyer's negligence, the plaintiff would have won the underlying case. Otherwise, the plaintiff's claim for malpractice will be denied. This makes the process of bringing legal malpractice lawsuits difficult. For this reason, it's essential to choose an experienced attorney to represent you.

Damages

To win a legal malpractice lawsuit plaintiffs must show financial losses resulting from an attorney's actions. In a lawsuit, this must be demonstrated using evidence, such as expert testimony and correspondence between the attorney and client. In addition, the plaintiff must prove that a reasonable lawyer would have prevented the harm that was caused by the negligence of the attorney. This is known as proximate causation.

It can happen in a variety of ways. Some of the most common mistakes include: not meeting an expiration date or statute of limitations; failing to perform an investigation into a conflict in an issue; applying the law incorrectly to a client's situation; or breaking an obligation of fiduciary (i.e. mixing trust funds with attorney's personal accounts) or a mishandling of the case, and failing to communicate with a client.

Medical malpractice lawsuits typically involve claims for compensatory damages. These damages compensate the victim for out-of pocket expenses and losses, such as medical and hospitals bills, costs of equipment to help recover and lost wages. Victims may also claim non-economic damages such as discomfort and pain as well as loss of enjoyment from their lives, and Evolv.e.l.U.pc emotional distress.

Legal malpractice cases usually involve claims for compensatory or punitive damages. The first compensates the victim for the damages caused by the negligence of the attorney and the latter is intended to discourage any future malpractice by the defendant's side.