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Medical Malpractice Lawsuits

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

A mistake made by an attorney is negligence. To prove that legal malpractice has occurred, the aggrieved party must show obligation, breach, causation and damage. Let's look at each of these aspects.

Duty

Doctors and medical professionals take an oath to use their skills and experience to treat patients, not causing further harm. Duty of care is the basis for patients' right to compensation for injuries caused by medical malpractice. Your attorney will determine if the actions of your doctor violated the duty of care and if those breaches resulted in injury or illness.

To establish a duty of care, your lawyer will need to establish that a medical professional has an official relationship with you in which they were bound by a fiduciary duty to exercise an acceptable level of competence and care. This relationship may be proven by eyewitness testimony, doctor-patient records and expert testimony of doctors with similar education, experience and training.

Your lawyer must also prove that the medical professional breached their duty of care by not living up to the standards of practice that are accepted in their field. This is often known as negligence. Your lawyer will evaluate the actions of the defendant to what a reasonable individual would do in a similar situation.

Your lawyer will also need to prove that the breach by the defendant led directly to your loss or injury. This is known as causation. Your lawyer will use evidence like your medical or patient reports, witness testimony and expert testimony to prove that the defendant's failure meet the standards of care was the main reason for the loss or injury to you.

Breach

A doctor owes patients duties of care that reflect professional standards in medical practice. If a doctor fails to adhere to these standards and the result is an injury that is medically negligent, negligence could occur. Typically the testimony of medical professionals who have similar training, expertise, certifications and experience will assist in determining what the minimum standard of treatment should be in a specific situation. State and federal laws as well as institute policies can also be used to determine what doctors are required to do for specific types of patients.

To prevail in a malpractice lawsuit the case must be proved that the doctor breached his or her duty of care and that this breach was a direct cause of an injury. This is referred to in legal terms as the causation element and it is imperative to establish. If a physician has to perform an x-ray on an injured arm, they must place the arm in a cast and correctly set it. If the doctor fails to complete this task and the patient loses their the use of their arm, malpractice could have occurred.

Causation

Lawyer malpractice claims are founded on the evidence that a lawyer made errors that resulted in financial losses for the client. For example when a lawyer does not file an action within the timeframe of limitations, leading to the case being lost forever the person who was injured could bring legal malpractice lawsuits.

However, it's important to recognize that not all mistakes made by lawyers constitute mistakes that constitute malpractice. Strategies and planning mistakes aren't usually considered to be a sign of malpractice. Attorneys have a wide decision-making discretion to make decisions as long as they're able to make them in a reasonable manner.

Additionally, the law grants attorneys considerable leeway to fail to perform discovery on a client's behalf, as long as the action was not unreasonable or negligent. Failing to discover important documents or facts like witness statements or medical reports could be a sign of legal malpractice. Other examples of malpractice are the failure to include certain defendants or claims, malpractice lawsuit like not noticing a survival count in an unjustly-dead case, or the repeated failure to communicate with clients.

It is also important to keep in mind the fact that the plaintiff has to show that if it wasn't the lawyer's negligence, they would have won their case. The plaintiff's claim of malpractice will be dismissed if it's not proved. This makes the process of bringing legal malpractice attorneys lawsuits difficult. It is essential to choose an experienced attorney.

Damages

A plaintiff must show that the attorney's actions caused actual financial losses in order to prevail in a legal malpractice lawsuit. In a lawsuit, this needs to be proven through evidence, such as expert testimony and correspondence between the attorney and client. The plaintiff must also show that a reasonable lawyer could have prevented the damage caused by the negligence of the lawyer. This is referred to as the proximate cause.

The act of malpractice can be triggered in a variety of different ways. Some of the more common kinds of malpractice are: failing to meet a deadline, including the statute of limitations, failure to conduct a conflict-check or other due diligence check on the case, not applying the law to a client's case and breaching a fiduciary responsibility (i.e. the commingling of trust account funds with personal attorney accounts) or a mishandling of an instance, and not communicating with the client.

Medical malpractice suits typically involve claims for compensatory damages. These compensate the victim for the expenses out of pocket and losses, for example hospital and medical bills, costs of equipment that aids in recovering, and lost wages. Victims can also claim non-economic damages such as pain and discomfort or loss of enjoyment in their lives, as well as emotional suffering.

In a lot of legal malpractice law firm cases there are cases for punitive and compensatory damages. The former compensates victims for losses resulting from the attorney's negligence, while the latter is designed to deter future malpractice by the defendant.