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Medical Malpractice Lawsuits

Attorneys have a fiduciary obligation with their clients and are required to act with care, diligence and competence. Attorneys make mistakes, just like any other professional.

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

Duty

Doctors and other medical professionals swear to use their training and expertise to treat patients and not to cause harm to others. The legal right of a patient to receive compensation for injuries resulting due to medical malpractice lawyer is based on the notion of the duty of care. Your lawyer can assist you determine whether or not the actions of your doctor violated this duty of care, and if these breaches caused injuries or illness to you.

Your lawyer must demonstrate that the medical professional was bound by a fiduciary duty to act with reasonable skill and care. This can be demonstrated by eyewitness testimony, doctor-patient records, and expert testimony of doctors with similar educational, experience and training.

Your lawyer will also have to prove that the medical professional breached their duty of care by failing to adhere to the accepted standards of their field. This is commonly referred to by the term negligence. Your attorney will compare what the defendant did with what a reasonable person would do in the same situation.

Your lawyer will also need to prove that the defendant's breach directly contributed to your loss or injury. This is referred to as causation, and your attorney will rely on evidence like your doctor-patient documents, witness statements, and expert testimony to prove that the defendant's inability to uphold the standard of care in your case was a direct cause of your loss or injury.

Breach

A doctor has a duty to patients of care that reflect professional medical standards. If a doctor doesn't adhere to these standards and the resulting failure causes an injury that is medically negligent, negligence may occur. Typically the testimony of medical professionals who have similar training, expertise, certifications and experience will assist in determining what the minimum standard of care is in a particular case. Federal and state laws and institute policies also help determine what doctors should provide for specific kinds of patients.

To prevail in a malpractice lawsuit it must be proven that the doctor violated his or their duty of care, and that this breach was the direct cause of an injury. This is referred to in legal terms as the causation factor and it is essential to establish. For instance when a broken arm requires an xray the doctor must properly set the arm and then place it in a cast for proper healing. If the doctor fails to complete this task and the patient is left with a permanent loss of usage of the arm, malpractice may have taken place.

Causation

Legal malpractice claims are built on the basis of evidence that the attorney made mistakes that resulted in financial losses for the client. For example the lawyer does not file a lawsuit within the statute of limitations, which results in the case being lost forever, the injured party could bring legal malpractice lawsuits.

It's important to know that not all mistakes by attorneys constitute malpractice. The mistakes that involve strategy and planning do not typically constitute malpractice attorneys have the ability in making judgment calls so long as they are reasonable.

The law also allows attorneys the right to refuse to conduct discovery on behalf of clients, so long as the failure was not unreasonable or a case of negligence. Inability to find important documents or facts like medical or witness statements, is a potential example of legal malpractice. Other instances of malpractice could be a failure to add certain defendants or claims such as omitting to include a survival count in a wrongful-death case or the consistent and persistent failure to contact a client.

It is also important to keep in mind the fact that the plaintiff needs to prove that if not due to the lawyer's negligent behavior they could have won their case. The plaintiff's claim for malpractice will be rejected in the event that it is not proved. This makes the process of bringing legal malpractice lawsuits difficult. It's important to find an experienced attorney to represent you.

Damages

In order to prevail in a legal malpractice suit, the plaintiff must show actual financial losses that result from the actions of the attorney. In a lawsuit, this has to be proven with evidence such as expert testimony and correspondence between the attorney and the client. In addition the plaintiff must demonstrate that a reasonable lawyer could have prevented the harm that was caused by the attorney's negligence. This is known as the proximate cause.

Malpractice can manifest in a number of different ways. Some of the most common mistakes include: not meeting the deadline or statute of limitations; not conducting an examination of a conflict on a case; applying the law in a way that is not appropriate to the client's circumstances; and breaching the fiduciary duty (i.e. the commingling of trust account funds with attorney's personal accounts) or mishandling the case, or failing to communicate with a client.

In the majority of medical malpractice cases the plaintiff is seeking compensation damages. They compensate the victim for the out-of-pocket expenses and losses, including medical and hospital bills, the cost of equipment that aids in recovery, and lost wages. Victims can also seek non-economic damages such as discomfort and pain, loss of enjoyment of their lives, and emotional suffering.

Legal malpractice 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 future malpractice by the defendant.