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Medical Malpractice Lawsuits

Attorneys are bound by a fiduciary obligation to their clients, and are required to act with skill, diligence and care. However, just like any other professional, attorneys make mistakes.

A mistake made by an attorney can be considered legal malpractice. To establish legal malpractice, the victim must prove obligation, breach, causation and damages. Let's review each of these elements.

Duty-Free

Doctors and medical professionals take the oath of using their expertise and knowledge to treat patients, and not cause additional harm. Duty of care is the foundation for the right of patients to receive compensation if they are injured by medical malpractice. Your lawyer can assist you determine if your doctor's actions breached this duty of care, and if these breaches resulted in injury or illness to you.

To prove a duty of care, your lawyer has to establish that a medical professional had a legal relationship with you that were bound by a fiduciary duty to act with an acceptable level of skill and care. This relationship may be proven through eyewitness testimony, doctor-patient reports and expert testimony from doctors with similar education, 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 in their field. This is often referred to as negligence, and your attorney will compare the defendant's behavior to what a reasonable person would perform in the same situation.

Your lawyer must also prove that the defendant's breach directly caused your injury or loss. This is known as causation. Your attorney will rely on evidence like your medical documents, witness statements, and expert testimony to prove that the defendant's failure to uphold the standard of care in your case was a direct cause of your injury or loss.

Breach

A doctor has a duty to patients of care that are consistent with the standards of medical professional practice. If a doctor fails to meet those standards, and the resulting failure causes an injury and/or medical malpractice, then negligence can occur. Expert testimonials from medical professionals who have similar training, certificates or experience can help determine the standard of care in a given situation. 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 shown that the doctor breached his or his duty of care and that this breach was the direct cause of an injury. This is known in legal terms as the causation element, and it is imperative that it is established. If a doctor is required to obtain an xray of a broken arm, they must put the arm in a cast and correctly place it. If the doctor did not do this and the patient was left with an irreparable loss of use of the arm, then malpractice law firm may have occurred.

Causation

Lawyer malpractice claims are based on the evidence that the lawyer made mistakes that caused financial losses to the client. For instance, if a lawyer fails to file a lawsuit within the prescribed time of limitations, resulting in the case being lost forever the person who was injured could bring legal malpractice lawsuits.

It is important to realize that not all mistakes made by lawyers are a sign of mistakes that constitute malpractice. Strategies and planning mistakes are not always considered to be malpractice. Attorneys have a wide choice of discretion when it comes to making decisions so long as they're in the right place.

The law also gives attorneys ample discretion to refrain from performing discovery on behalf of their clients, so long as the reason for the delay was not unreasonable or negligence. Legal malpractice can be caused by not obtaining crucial documents or facts, such as medical reports or witness statements. Other instances of malpractice include the failure to include certain defendants or claims, like forgetting a survival count for the case of wrongful death or the constant failure to communicate with clients.

It's also important to keep in mind that it must be established that, if not the lawyer's negligence, the plaintiff would have won the case. If not, the plaintiff's claims for malpractice will be rejected. This requirement makes the process of bringing legal malpractice lawsuits difficult. It is important to employ an experienced attorney.

Damages

A plaintiff must demonstrate that the lawyer's actions led to actual financial losses to prevail in a legal malpractice lawsuit. In the case of a lawsuit this has to be proved with evidence, like expert testimony or correspondence between the attorney and client. In addition the plaintiff must show that a reasonable lawyer could have prevented the harm that was caused by the attorney's negligence. This is referred to as the proximate cause.

It can happen in a variety of ways. Some of the most common kinds of malpractice are failing to adhere to a deadline, which includes a statute of limitations, a failure to conduct a conflict-check or any other due diligence on the case, not applying law to a client's situation, breaching a fiduciary duty (i.e. commingling trust account funds with an attorney's personal accounts) and mishandling the case, or failing to communicate with a client.

Medical malpractice lawsuits typically include claims for 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 help recover and lost wages. In addition, the victims can be able to claim non-economic damages like suffering and suffering and loss of enjoyment of life, and emotional stress.

In many legal malpractice cases, there are claims for punitive or compensatory damages. The first compensates the victim for losses due to the negligence of the attorney while the latter is intended to prevent future mistakes on the part of the defendant.