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Medical Malpractice Lawsuits

Attorneys are required to fulfill a fiduciary responsibility to their clients and they must act with diligence, skill and care. However, just like any other professional, attorneys make mistakes.

Not all mistakes made by an attorney are considered to be malpractice. To demonstrate legal malpractice, an victim must prove obligation, breach, causation and damages. Let's take a look at each of these elements.

Duty-Free

Doctors and medical professionals take an oath to use their knowledge and expertise to treat patients and not cause additional harm. A patient's legal right to compensation for injuries sustained due to medical malpractice is based on the notion of duty of care. Your attorney can determine if your doctor's actions breached the duty of care and whether these violations caused you injury or illness.

To prove a duty to care, your lawyer will need to demonstrate that a medical professional has an official relationship with you, in which they were bound by a fiduciary duty to perform their duties with a reasonable level of skill and care. This can be proved by eyewitness testimony, doctor-patient records and expert testimony of doctors who have similar education, experience and training.

Your lawyer will also have to prove that the medical professional violated their duty of care by failing to adhere to the accepted standards of care in their area of expertise. This is typically described as negligence. Your lawyer will assess what the defendant did with what a reasonable individual would do in the same situation.

Your lawyer must also prove that the defendant's negligence caused direct injury or loss. This is called causation. Your lawyer will use evidence like your medical or patient documents, witness testimony and expert testimony, to prove that the defendant’s failure to comply with the standard of care was the direct cause of injury or loss to you.

Breach

A doctor is bound by a duty of treatment to his patients that is in line with professional medical standards. If a physician fails to meet those standards, and the resulting failure causes an injury, then medical malpractice or negligence could result. Expert testimony from medical professionals who have similar training, certifications and skills can help determine the appropriate level of care in any given situation. State and federal laws as well as institute policies can also be used to determine what doctors should do for specific types of patients.

To prevail in a malpractice case, it must be shown that the doctor breached his or their duty of care, and that the breach was the direct cause of injury. This is referred to in legal terms as the causation element and it is vital to prove it. If a doctor is required to take an x-ray of a broken arm, they must put the arm in a cast and then correctly place it. If the doctor fails to do this and the patient suffers a permanent loss of the use of their arm, malpractice could have taken place.

Causation

Legal malpractice claims are founded on the evidence that the attorney made mistakes that resulted in financial losses for the client. For instance when a lawyer fails to file a lawsuit within the statute of limitations, resulting in the case being lost forever the person who was injured could bring legal malpractice lawsuits.

It is crucial to realize that not all mistakes made by attorneys are considered to be malpractice. Strategies and planning mistakes aren't usually considered to be a sign of negligence. Attorneys have a wide decision-making discretion to make decisions, as long as they're rational.

The law also allows attorneys the right to refuse to conduct discovery for a client as long as the failure was not unreasonable or a result of negligence. Failing to discover important facts or documents, such as medical reports or witness statements, is a potential example of legal malpractice law firms. Other examples of malpractice are the failure to add certain defendants or claims, for instance forgetting a survival count for the case of wrongful death or the inability to communicate with clients.

It is also important to remember the necessity for the plaintiff to prove that, if not due to the lawyer's negligent behavior they would have prevailed. Otherwise, the plaintiff's claim for malpractice will be rejected. This requirement makes bringing legal malpractice claims difficult. It is important to employ an experienced attorney.

Damages

A plaintiff must show that the attorney's actions have caused actual financial losses in order 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 attorney and client. In addition, the plaintiff must prove that a reasonable lawyer would have prevented the harm caused by the negligence of the attorney. This is known as the proximate cause.

The definition of malpractice can be found in a variety of ways. Some of the most common mistakes are: failing to meet the deadline or statute of limitations; not conducting a conflict check on an instance; applying the law incorrectly to a client's circumstances; and breaching the fiduciary obligation (i.e. mixing funds from a trust account with an attorney's account as well as failing to communicate with the client are just a few examples of misconduct.

In the majority of medical malpractice cases the plaintiff is seeking compensatory damages. They compensate the victim for expenses out of pocket and losses, such as hospital and medical bills, costs of equipment that aids in recovery, and lost wages. Victims may also claim non-economic damages, such as pain and discomfort and loss of enjoyment their lives, and emotional stress.

Legal malpractice cases often involve claims for compensatory as well as punitive damages. The former compensates the victim for the loss resulting from the attorney's negligence, while the latter is intended to deter future malpractice attorney (helpful hints) by the defendant.