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Medical Malpractice Lawsuits

Attorneys are in a fiduciary position with their clients and are required to behave with care, diligence and ability. Attorneys make mistakes, just like every other professional.

A mistake made by an attorney can be considered an act of malpractice lawsuit. To demonstrate legal malpractice, an aggrieved person must demonstrate the breach of duty, duty, causation and damage. Let's examine each of these aspects.

Duty

Medical professionals and doctors swear an oath that they will use their skill and training to treat patients, and not to cause further harm. The legal right of a patient to be compensated for injuries sustained from medical malpractice rests on the notion of the duty of care. Your attorney will determine if your doctor's actions violated the duty of care and if the breach resulted in your injury or illness.

Your lawyer must prove that the medical professional owed you an obligation of fiduciary to act with reasonable skill and care. This can be demonstrated by eyewitness testimony, physician-patient records and expert testimony of doctors with similar education, experience, and training.

Your lawyer will also need to prove that the medical professional breached their duty of caring by failing to adhere to the accepted standards in their area of expertise. This is commonly known as negligence. Your lawyer will assess the actions of the defendant to what a reasonable person would do in a similar situation.

Your lawyer must also show that the breach by the defendant directly contributed to your loss or injury. This is referred to as causation. Your lawyer will use evidence including your doctor's or patient records, witness testimony and expert testimony to prove that the defendant's failure meet the standard of care was the sole cause of your injury or loss to you.

Breach

A doctor is obligated to patients to perform duties of care that conform to professional standards in medical practice. If a doctor fails to meet those standards and the failure results in injury, then medical malpractice and negligence could occur. Typically, expert testimony from medical professionals with similar qualifications, training or certifications will assist in determining what the minimum standard of care is in a particular circumstance. State and federal laws as well as institute policies can also be used to determine what doctors should do for certain types of patients.

To win a malpractice case it must be proven that the doctor violated his or his duty of care and that the breach was a direct cause of an injury. This is referred to in legal terms as the causation element, and it is imperative to prove it. If a doctor needs to obtain an xray of an injured arm, they have to put the arm in a cast and then correctly place it. If the doctor is unable to do this and the patient loses their the use of their arm, malpractice may have occurred.

Causation

Legal malpractice claims founded on the evidence that the lawyer made mistakes that led to financial losses for the client. Legal malpractice claims may be brought by the victim for example, if the attorney fails to file the lawsuit within the timeframe of the statute of limitations and the case being thrown out forever.

However, it's important to recognize that not all errors made by lawyers constitute illegal. Strategies and mistakes are not generally considered to be malpractice attorneys have plenty of discretion to make judgment calls as long as they're reasonable.

The law also gives attorneys the right to refuse to conduct discovery on behalf of clients as long as the failure was not unreasonable or negligence. Inability to find important details or documents like medical reports or witness statements, is a potential example of legal malpractice. Other instances of malpractice could be a inability to include certain claims or defendants such as failing to submit a survival count in a wrongful-death case or the frequent and prolonged failure to communicate with the client.

It is also important to note the fact that the plaintiff has to prove that if not for the lawyer's negligent conduct they could have won their case. The plaintiff's claim of malpractice will be rejected if it's not proved. This is why it's difficult to file an action for legal malpractice. This is why it's important to choose a seasoned attorney to represent you.

Damages

A plaintiff must prove that the attorney's actions caused actual financial losses to win a legal malpractice suit. In the case of a lawsuit this has to be proved with evidence, like expert testimony or correspondence between the client and attorney. 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 known as proximate cause.

It can happen in a variety of ways. Some of the more common types of malpractice Attorney include: failing to meet a deadline, such as the statute of limitations, failing to conduct a check on conflicts or other due diligence check on the case, not applying the law to the client's situation or breaching a fiduciary obligation (i.e. mixing funds from a trust account an attorney's account or handling a case improperly and failing to communicate with the client are just a few examples of misconduct.

Medical malpractice suits 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 aid recovery, 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 stress.

In a lot of legal malpractice cases there are claims for punitive or compensatory damages. The first compensates the victim for the damages caused by the negligence of the attorney while the latter is meant to discourage future malpractice by the defendant's side.