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Medical Malpractice Lawsuits

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

The errors made by attorneys are legal malpractice. To prove legal negligence the aggrieved party must prove the duty, breach of duty, causation and damage. Let's look at each of these aspects.

Duty

Doctors and medical professionals take an oath to apply their knowledge and expertise to treat patients, not cause additional harm. Duty of care is the foundation for the right of a patient to be compensated when they suffer injuries due to medical negligence. Your attorney can help you determine if the actions of your doctor violated this duty of care, and if the breach caused injury or illness to you.

Your lawyer has to prove that the medical professional was bound by an obligation of fiduciary to act with reasonable competence and care. This relationship can be established by eyewitness testimony, doctor-patient documents and expert testimony from doctors with similar education, experience and training.

Your lawyer must also prove that the medical professional violated their duty of care by not adhering to the accepted standards of practice in their field. This is often called negligence. Your attorney will compare the defendant's behavior to what a reasonable individual would take in the same scenario.

Your lawyer must also prove that the defendant's breach directly contributed to your loss or injury. This is referred to as causation. Your attorney will use evidence like your medical records, witness statements and expert testimony to prove that the defendant's inability to live up to the standards of care in your case was a direct cause of your injury or loss.

Breach

A doctor is responsible for the duties of care that reflect the standards of medical professional practice. If a doctor doesn't meet the standards, and the result is an injury, then medical malpractice or negligence may occur. Typically expert testimony from medical professionals with similar qualifications, training or certifications will help determine what the standard of care should be in a specific situation. Federal and state laws, along with guidelines from the institute, help define what doctors are expected to do for certain kinds of patients.

To prevail in a malpractice lawsuit it must be proven that the doctor breached his or duty of care and that this breach was the direct cause of an injury. This is known in legal terms as the causation factor and it is crucial that it is established. If a doctor needs to obtain an xray of an injured arm, they must place the arm in a cast and properly place it. If the doctor is unable to perform this, and the patient loses their usage of the arm, malpractice could have taken place.

Causation

Legal malpractice claims based on the evidence that the attorney committed errors that resulted in financial losses to the client. For instance the lawyer fails to file a lawsuit within the prescribed time of limitations, which results in the case being lost forever the party who suffered damages could bring legal malpractice lawsuits.

However, it's important to realize that not all mistakes made by attorneys constitute mistakes that constitute malpractice. Strategy and planning errors do not usually constitute negligence. Attorneys have a broad range of discretion to make decisions, as long as they're reasonable.

In addition, the law allows attorneys the right to conduct discovery on the behalf of their clients, as in the event that it is not unreasonable or negligent. Inability to find important details or documents like witness statements or medical reports can be a case of legal malpractice. 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 frequent and persistent failure to contact a client.

It is also important to note the fact that the plaintiff must prove that if not the lawyer's negligence, they would have won their case. In the event that it is not, the plaintiff's claim for malpractice will be rejected. This makes the process of bringing legal malpractice lawsuits difficult. This is why it's crucial to hire an experienced attorney to represent you.

Damages

In order to prevail in a legal malpractice lawsuit plaintiffs must show financial losses incurred by the actions of an attorney. This should be proved in a lawsuit through evidence such as expert testimony, correspondence between the client and attorney along with billing records and other documentation. In addition the plaintiff must demonstrate that a reasonable lawyer could have prevented the harm caused by the attorney's negligence. This is known as proximate cause.

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

In most medical malpractice cases, the plaintiff will seek compensation damages. These compensations compensate the victim for out-of-pocket expenses as well as losses, such as hospital and medical bills, the cost of equipment to aid recovery, and lost wages. In addition, victims can claim non-economic damages, like suffering and suffering or loss of enjoyment life and emotional distress.

Legal malpractice law firm cases often involve claims for compensatory as well as punitive damages. The former compensates a victim for the loss resulting from the negligence of the attorney, whereas the latter is designed to deter any future malpractice committed by the defendant.