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Medical Malpractice Lawsuits

Attorneys have a fiduciary duty to their clients, and they must behave with diligence, skill and care. Attorneys make mistakes, just like every other professional.

A mistake made by an attorney constitutes an act of malpractice attorney. To demonstrate legal malpractice, an aggrieved party has to prove duty, breach, causation and damages. Let's take a look at each of these elements.

Duty-Free

Medical professionals and doctors swear an oath to apply their knowledge and expertise to cure patients, not to cause further harm. The legal right of a patient to receive compensation for injuries resulting due to medical malpractice is based on the notion of duty of care. Your attorney can determine if the actions of your doctor breached the duty of care and if the breach resulted in injury or illness.

Your lawyer must establish that the medical professional owed you the duty of a fiduciary to perform with reasonable skill and care. Proving that this relationship existed may require evidence such as your doctor-patient records or eyewitness evidence, or expert testimony from doctors with similar qualifications, experience and education.

Your lawyer will also need to establish that the medical professional breached their duty of caring by failing to follow the accepted standards of their area of expertise. This is often described as negligence. Your attorney will compare what the defendant did to what a reasonable person would do in a similar situation.

Your lawyer will also need to prove that the breach by the defendant directly caused your loss or injury. This is referred to as causation. Your attorney will use evidence such as your doctor-patient reports, witness statements and expert testimony to show that the defendant's failure to uphold the standard of care in your case was the direct cause of your injury or loss.

Breach

A doctor is obligated to patients to perform duties of care that adhere to professional medical standards. If a doctor does not meet the standards, and the result is an injury or medical malpractice, then negligence could occur. Typically, expert testimony from medical professionals who have similar training, expertise and certifications will aid in determining what the best standard of medical care should be in a particular case. Federal and state laws, as well as policies of the institute, help determine what doctors are required to do for certain kinds of patients.

To win a malpractice claim it must be established that the doctor did not fulfill his or her duty of take care of patients and that the breach was a direct reason for an injury. This is referred to in legal terms as the causation component and it is essential that it be established. If a doctor needs to obtain an xray of an injured arm, they must put the arm in a cast and then correctly place it. If the doctor did not perform this task and the patient suffered an unavoidable loss of function of that arm, then malpractice may have occurred.

Causation

Attorney malpractice claims rely on the evidence that proves that the lawyer's errors caused financial losses to the client. For instance the lawyer does not file an action within the timeframe of limitations, leading to the case being lost forever and the victim could bring legal malpractice lawsuits.

It is crucial to be aware that not all mistakes made by attorneys are illegal. Errors involving strategy and planning do not typically constitute malpractice and lawyers have lots of freedom to make judgement calls so long as they are reasonable.

The law also gives attorneys a lot of discretion to conduct discovery on behalf of a client's behalf, as in the event that it is not negligent or unreasonable. Inability to find important documents or facts like medical reports or witness statements can be a case of legal malpractice. Other instances of malpractice include the failure to add certain defendants or claims, such as not noticing a survival count in wrongful death cases, or the repeated failure to communicate with clients.

It is also important to keep in mind the fact that the plaintiff needs to prove that, if not for the lawyer's careless conduct, they would have prevailed. Otherwise, the plaintiff's claim for malpractice will be denied. This requirement makes the process of bringing legal malpractice lawsuits difficult. It is important to employ an experienced attorney.

Damages

A plaintiff must show that the attorney's actions resulted in actual financial losses in order to prevail in a legal malpractice suit. This can be proven in a lawsuit with evidence such as expert testimony, correspondence between the client and attorney along with billing records and other records. A plaintiff must also prove that a reasonable lawyer could have prevented the harm caused by the lawyer's negligence. This is referred to as proximate cause.

Malpractice can manifest in a number of different ways. Some of the most common mistakes are: failing to meet an expiration date or statute of limitations; failing to perform a conflict check on an instance; applying the law in a way that is not appropriate to the client's particular situation; and breaking an obligation of fiduciary (i.e. commingling trust account funds with an attorney's personal accounts), mishandling of an instance, and failing to communicate with clients.

In the majority of medical malpractice cases the plaintiff seeks compensatory damages. They are awarded to the victim in exchange for expenses out of pocket and losses, including hospital and medical bills, costs of equipment required to aid in recovering, and lost wages. Victims can also seek non-economic damages like pain and discomfort and loss of enjoyment their lives, as well as emotional suffering.

Legal malpractice cases usually involve claims for compensatory as well as punitive damages. The former compensates the victim for losses caused by the negligence of the attorney, whereas the latter is designed to deter future malpractice by the defendant.