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Medical Malpractice Lawsuits

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

Every mistake made by an attorney can be considered negligence. To prove legal negligence the aggrieved party must prove the breach of duty, obligation, causation, and damage. Let's take a look at each of these elements.

Duty

Medical professionals and doctors swear to use their education and experience to help patients and not cause further harm. The legal right of a patient to receive compensation for injuries resulting from medical malpractice rests on the concept of the duty of care. Your lawyer can help determine whether or not the actions of your doctor violated this duty of care, and whether the breach caused injury or illness to you.

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

Your lawyer will also have to demonstrate that the medical professional breached their duty to care in not adhering to the accepted standards of their area of expertise. This is often called negligence, and your attorney will examine the defendant's actions to what a reasonable individual would perform in the same situation.

Your lawyer must also demonstrate that the defendant's breach directly contributed to your injury or loss. This is known as causation, and your lawyer will make use of evidence such as your doctor-patient reports, witness statements and expert testimony to prove that the defendant's failure to adhere to the standard of care in your case was a direct cause of your injury or loss.

Breach

A doctor owes patients duties of care that adhere to the highest standards of medical professionalism. If a doctor fails meet these standards and that failure results in injury, then medical Malpractice attorney and negligence may occur. Expert testimonials from medical professionals who have similar training, certificates and skills can help determine the level of care in a given situation. State and federal laws, along with institute policies, define what doctors are required to do for certain types of patients.

To win a malpractice claim it must be proved that the doctor violated his or her duty of care and that the breach was the direct cause of an injury. In legal terms, this is called the causation element and it is crucial to establish. For example an injured arm requires an x-ray the doctor should properly fix the arm and place it in a cast for proper healing. If the doctor was unable to do so and the patient suffered an unavoidable loss of the use of the arm, then malpractice may have occurred.

Causation

Legal malpractice claims built on the basis of evidence that the lawyer made mistakes that resulted in financial losses to the client. Legal malpractice claims can be brought by the victim for example, if the lawyer does not file the lawsuit within the timeframes set by the statute of limitations and results in the case being forever lost.

It is crucial to realize that not all mistakes made by lawyers are considered to be malpractice. Mistakes in strategy and planning aren't usually considered to be a violation of the law, and attorneys have lots of freedom in making judgment calls so long as they're reasonable.

The law also allows lawyers the right to refuse to conduct discovery on behalf of a client as long as the failure was not unreasonable or negligence. Inability to find important information or documents like medical reports or witness statements or medical reports, could be an instance of legal malpractice. Other instances of malpractice include failure to add certain claims or defendants such as failing to submit a survival count in a wrongful death case, or the repeated and prolonged inability to communicate with clients.

It's also important to keep in mind that it must be proven that if it weren't the negligence of the lawyer, the plaintiff would have won the case. The claim of malpractice lawyer by the plaintiff will be dismissed if it's not proved. This requirement makes the process of bringing legal malpractice claims complicated. For this reason, it's important to choose a seasoned attorney to represent you.

Damages

A plaintiff must show that the attorney's actions caused actual financial losses to win a legal malpractice lawsuit. This can be proven in a lawsuit by utilizing evidence like expert testimony, correspondence between client and attorney along with billing records and other records. In addition the plaintiff must demonstrate that a reasonable lawyer could have avoided the damage caused by the negligence of the attorney. This is known as the proximate cause.

It can happen in many different ways. Some of the most common types of malpractice include: failing to meet a deadline, for example, a statute of limitations, a failure to perform a conflict check or any other due diligence on a case, improperly applying law to a client's situation, breaching a fiduciary duty (i.e. merging funds from a trust account an attorney's account as well as failing to communicate with the client are all examples of malpractice.

In most medical malpractice cases the plaintiff will seek compensatory damages. They compensate the victim for the out-of-pocket expenses and losses, for example hospital and medical bills, the cost of equipment needed to aid in healing, as well as lost wages. Victims are also able to claim non-economic damages like pain and discomfort, loss of enjoyment of their lives, and emotional distress.

In many legal malpractice cases there are claims for punitive or compensatory damages. The former compensates victims for losses caused by the negligence of the attorney while the latter is designed to discourage future malpractice by the defendant's side.