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Medical malpractice law firm Lawsuits

Attorneys have a fiduciary connection with their clients and are expected to conduct themselves with care, diligence and skill. Attorneys make mistakes, just like every other professional.

A mistake made by an attorney is an act of malpractice. To establish legal malpractice, the aggrieved party has to prove the breach of duty, duty, causation and damages. Let's look at each of these aspects.

Duty

Medical professionals and doctors swear an oath to apply their knowledge and expertise to treat patients, and not to cause further harm. The legal right of a patient to receive compensation for injuries resulting from medical malpractice rests on the notion of duty of care. Your attorney can assist you determine whether or not your doctor's actions breached this duty of care, and whether the breach caused injury or illness to you.

To prove a duty to care, your lawyer has to demonstrate that a medical professional had an legal relationship with you and had a fiduciary obligation to act with a reasonable level of expertise and care. The proof of this relationship may require evidence such as the records of your doctor and patient eyewitness accounts and expert testimony from doctors who have similar knowledge, experience, and education.

Your lawyer will also need to show that the medical professional breached their duty of care by not adhering to the accepted standards in their field. This is usually referred to by the term negligence. Your lawyer will evaluate what the defendant did with what a reasonable person would do in the same situation.

Your lawyer must show that the defendant's breach of duty directly caused the loss or injury you suffered. This is referred to as causation. Your lawyer will make use of evidence such as your medical records, witness statements and expert testimony to demonstrate that the defendant's inability to meet the standards of care in your case was a direct cause of your injury or loss.

Breach

A doctor is responsible for the duties of care that are consistent with the standards of medical professional practice. If a doctor does not meet those standards and this results in injury, medical malpractice and negligence could occur. Typically the testimony of medical professionals with similar qualifications, training and experience, as well as certifications and certificates will assist in determining what the minimum standard of treatment should be in a particular circumstance. State and federal laws, as well as policies of the institute, help determine what doctors are required to do for certain types of patients.

To prevail in a malpractice lawsuit the case must be proved that the doctor violated his or his duty of care and that the breach was a direct cause of an injury. In legal terms, this is referred to as the causation element and it is vital that it is established. For example, if a broken arm requires an x-ray the doctor has to properly fix the arm and place it in a cast for proper healing. If the doctor is unable to do this and the patient is left with a permanent loss of usage of the arm, malpractice could have taken place.

Causation

Attorney malpractice claims rely on evidence that shows the attorney's mistakes resulted in financial losses for the client. For instance when a 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.

However, it's important to realize that not all errors made by lawyers are a sign of illegal. The mistakes that involve strategy and planning are not generally considered to be malpractice attorneys are given a lot of latitude to make judgment calls as long as they are reasonable.

The law also allows lawyers an enormous amount of discretion to not conduct discovery on behalf of their clients as long as the decision was not arbitrary or negligent. The failure to discover crucial facts or documents, such as witness statements or medical reports, is a potential example of legal malpractice. Other instances of malpractice could be a inability to include certain defendants or claims for example, like forgetting to submit a survival count in a wrongful death lawsuit or the frequent and extended failure to contact a client.

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

Damages

To win a legal malpractice lawsuit, the plaintiff must prove actual financial losses incurred by an attorney's actions. This has to be demonstrated in a lawsuit by utilizing evidence such as expert testimony, correspondence between client and attorney or billing records, and other documentation. A plaintiff must also demonstrate that a reasonable attorney would have prevented the harm caused by the negligence of the lawyer. This is known as proximate cause.

Malpractice can occur in many different ways. Some of the more common types of malpractice include: failing to meet a deadline, including a statute of limitations, failing to conduct a conflict-check or any other due diligence on a case, improperly applying law to a client's situation or breaching a fiduciary obligation (i.e. mixing trust account funds with an attorney's personal accounts), mishandling of the case, or not communicating with a client.

Medical malpractice lawsuits typically involve claims for compensation damages. These compensations are intended to compensate the victim for out-of pocket expenses and losses such as medical and hospitals bills, equipment costs to aid recovery, and lost wages. Victims may also claim non-economic damages such as pain and discomfort or loss of enjoyment in their lives, as well as emotional distress.

In many legal malpractice cases, there are lawsuits for punitive as well as compensatory damages. The former compensates a victim for the losses caused by the negligence of the attorney, whereas the latter is designed to discourage future malpractice by the defendant.