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Medical Malpractice Lawsuits

Attorneys hold a fiduciary relationship with their clients and are required to conduct themselves with diligence, care and competence. But, as with all professionals, attorneys make mistakes.

Not every mistake made by an attorney is an act of malpractice. To demonstrate legal malpractice, an aggrieved party has to prove that there was breach of duty, causation, breach and damages. Let's take a look at each one of these aspects.

Duty

Medical professionals and doctors take an oath to use their expertise and knowledge to cure patients, not cause additional harm. The legal right of a patient to compensation for injuries suffered from medical malpractice hinges on the notion of the duty of care. Your attorney can determine if your doctor's actions breached the duty of care and whether these violations resulted in injury or illness.

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

Your lawyer must also show that the medical professional breached their duty of care by not living up to the accepted standards of practice in their field. This is often referred to as negligence. Your attorney will evaluate the defendant's conduct to what a reasonable individual would do in the same situation.

Your lawyer must prove that the defendant's breach of duty directly caused the loss or Malpractice lawsuit injury you suffered. This is called causation. Your lawyer will make use of evidence like your doctor or patient reports, witness testimony and expert testimony, to demonstrate that the defendant's failure meet the standards of care was the direct cause of injury or loss to you.

Breach

A doctor is bound by a duty of care for his patients that corresponds to professional medical standards. If a doctor fails to meet the standards, and the resulting failure causes an injury and/or medical malpractice lawyers, then negligence could result. Typically expert testimony from medical professionals with similar qualifications, training, certifications and experience will help determine what the appropriate standard of medical care should be in a particular circumstance. 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 his duty of care and that this breach was the direct cause of injury. This is known in legal terms as the causation factor and it is vital to prove it. If a doctor has to take an x-ray of an injured arm, they must put the arm in a cast and properly place it. If the doctor did not complete the procedure and the patient was left with an irreparable loss of the use of the arm, then malpractice could have occurred.

Causation

Lawyer malpractice claims are based on the evidence that the attorney committed errors that resulted in financial losses for the client. For instance, if a 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.

It is important to understand that not all mistakes by attorneys are malpractice. The mistakes that involve strategy and planning are not generally considered to be malpractice attorneys have plenty of discretion in making judgment calls so long as they are reasonable.

The law also grants attorneys considerable latitude to not perform discovery on behalf of a client, so long as the error was not unreasonable or negligence. Legal malpractice attorney can be committed through the failure to uncover important documents or facts, like medical reports or witness statements. Other examples of malpractice are a failure to add certain claims or defendants such as omitting to submit a survival count in a wrongful death lawsuit or the consistent and prolonged inability to contact a client.

It's also important to note that it must be established that if it weren't the negligence of the lawyer the plaintiff would have won the underlying case. If not, the plaintiff's claims for malpractice will be denied. This requirement makes the process of bringing legal malpractice lawsuits difficult. It's crucial to hire an experienced attorney.

Damages

To prevail in a legal malpractice suit, plaintiffs must show financial losses resulting from the actions of an attorney. This should be proved in a lawsuit using evidence such as expert testimony, correspondence between the client and attorney, billing records and other records. The plaintiff must also show that a reasonable attorney could have prevented the damage caused by the negligence of the lawyer. This is referred to as proximate causation.

It can happen in many different ways. Some of the most common mistakes include: not meeting an expiration date or statute of limitations; failing to conduct the necessary conflict checks on cases; applying law in a way that is not appropriate to the client's circumstances; and breaching an obligation of fiduciary (i.e. mixing trust funds with an attorney's personal accounts) and mishandling the case, or failing to communicate with a client.

In most medical malpractice cases the plaintiff seeks compensatory damages. These compensations are intended to compensate the victim for out-of-pocket expenses as well as expenses like medical and hospitals bills, the cost of equipment to aid in recovery, and lost wages. In addition, victims may seek non-economic damages, like suffering and suffering as well as loss of enjoyment life and emotional distress.

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