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Medical Malpractice Lawsuits

Attorneys have a fiduciary connection with their clients and are expected to behave with care, diligence and competence. Attorneys make mistakes, as do other professional.

The mistakes made by an attorney constitutes malpractice. To prove negligence in a legal sense the person who was hurt must prove duty, breach of obligation, causation, as well as damages. Let's take a look at each of these elements.

Duty

Doctors and other medical professionals swear to use their training and skills to cure patients and not cause harm to others. The legal right of a patient to compensation for injuries sustained from medical malpractice hinges on the concept of the duty of care. Your attorney will determine if your doctor's actions violated the duty to care and whether these violations caused injury or illness.

Your lawyer must prove that the medical professional you hired owed a fiduciary duty to act with reasonable skill and care. To prove that the relationship existed, you could require evidence like your records of your doctor-patient relationship, eyewitness statements and experts from doctors with similar experience, education and training.

Your lawyer will also have to prove that the medical professional violated their duty of caring by failing to adhere to the accepted standards of their area of expertise. This is often referred to as negligence. Your attorney will assess the conduct of the defendant to what a reasonable individual would perform in the same situation.

Your lawyer must show that the defendant's breach of duty directly led to your loss or injury. This is known as causation. Your attorney will use evidence like your doctor or patient reports, witness testimony and expert testimony to prove that the defendant's failure meet the standards of care was the sole cause of your injury or loss to you.

Breach

A doctor owes patients duties of care that conform to professional medical standards. If a doctor does not live up to those standards and that failure causes injury, then medical malpractice and negligence could occur. Typically the testimony of medical professionals who have the same training, qualifications or certifications will help determine what the standard of treatment should be in a particular case. State and federal laws as well as institute policies also help define what doctors must do for certain types of patients.

To prevail in a malpractice lawsuit, it must be shown that the doctor breached his or duty of care and that this breach was the direct cause of injury. This is known in legal terms as the causation component and it is essential that it be established. For example in the event that a damaged arm requires an xray, the doctor must properly fix the arm and place it in a cast for proper healing. If the doctor was unable to do this and the patient suffered permanent loss of function of that arm, then malpractice may have occurred.

Causation

Legal malpractice claims based on the evidence that the attorney made mistakes that led to financial losses for the client. For example when a lawyer does not file a lawsuit within the statute of limitations, leading to the case being lost forever and the victim could bring legal malpractice lawsuits.

It's important to know that not all mistakes by attorneys are malpractice. Errors involving strategy and planning aren't usually considered to be a violation of the law and lawyers have plenty of discretion to make decisions based on their judgments as long as they are reasonable.

The law also allows attorneys the right to refuse to conduct discovery on behalf of their clients as long as the failure was not unreasonable or a result of negligence. Legal malpractice is committed by failing to discover important documents or information, such as medical reports or witness statements. Other examples of malpractice are the failure to include certain defendants or claims, for instance not noticing a survival count in an unjustly-dead case or the inability to communicate with clients.

It is also important to keep in mind the fact that the plaintiff has to prove that, if not the lawyer's negligence, they would have won their case. In the event that it is not, the plaintiff's claim for malpractice will be denied. This makes the process of bringing legal malpractice lawsuits difficult. This is why it's important to find an experienced attorney to represent you.

Damages

A plaintiff must prove that the attorney's actions caused actual financial losses in order to win a legal malpractice suit. This must be shown in a lawsuit using evidence such as expert testimony, correspondence between client and attorney or billing records, and other documentation. In addition, the plaintiff must prove that a reasonable lawyer would have avoided the harm that was caused by the attorney's negligence. This is known as the proximate cause.

The definition of malpractice attorney can be found in a variety of ways. Some of the most common mistakes include: not meeting an expiration date or statute of limitations; not performing an examination of a conflict on a case; applying the law incorrectly to a client's situation; or breaking a fiduciary obligation (i.e. mixing trust account funds with attorney's personal accounts) or a mishandling of a case, and not communicating with clients.

Medical malpractice lawsuits typically involve claims for compensation damages. These compensate the victim for expenses out of pocket and losses, for example hospital and medical bills, costs of equipment needed to aid in recovering, and lost wages. In addition, victims can be able to claim non-economic damages like suffering and suffering or loss of enjoyment life and emotional distress.

In many legal malpractice cases there are cases for punitive and compensatory damages. The former compensates a victim for losses caused by the negligence of the attorney, while the latter is intended to deter future malpractice by the defendant.