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Attorneys have a fiduciary responsibilities to their clients, and they must act with a high degree of skill, diligence and care. However, like all professionals attorneys make mistakes.
There are many errors made by attorneys are legal malpractice. To prove legal negligence the victim must demonstrate obligation, breach of duty, causation and damage. Let's take a look at each of these components.
Duty
Medical professionals and doctors swear by their training and experience to treat patients and not cause harm to others. The duty of care is the foundation for the right of a patient to be compensated when they suffer injuries due to medical negligence. Your lawyer can help determine if your doctor's actions breached this duty of care, and whether these breaches caused harm or illness to your.
Your lawyer must demonstrate that the medical professional in question owed you the duty of a fiduciary to perform with reasonable skill and care. This relationship can be established by eyewitness testimony, physician-patient reports and expert testimony from doctors with similar education, experience, and training.
Your lawyer must also show that the medical professional breached their duty of care by not living up to the accepted standards of practice in their area of expertise. This is often referred to as negligence. Your attorney will evaluate the defendant's conduct to what a reasonable person would do in the same circumstance.
Your lawyer must also demonstrate that the breach of the defendant's duty led directly to your injury or loss. This is called causation. Your lawyer will make use of evidence, such as your doctor/patient reports, witness testimony and expert testimony to prove that the defendant's inability to meet the standard of care was the direct reason for the loss or injury to you.
Breach
A doctor has a duty of treatment to his patients that reflects professional medical standards. If a doctor doesn't meet those standards, and the result is an injury that is medically negligent, negligence could occur. Expert testimonials from medical professionals who possess similar qualifications, training, skills and experience can help determine the quality of care in a given situation. Federal and state laws, as well as policies of the institute, help define what doctors are required to do for certain kinds of patients.
In order to win a malpractice claim the evidence must prove that the doctor did not fulfill his or her duty of care and that the breach was a direct reason for an injury. This is referred to in legal terms as the causation element, and it is crucial that it be established. For instance, if a broken arm requires an xray the doctor must fix the arm and place it in a cast to ensure proper healing. If the doctor was unable to do so and the patient was left with a permanent loss of use of the arm, then malpractice could have occurred.
Causation
Attorney malpractice claims rely on evidence that demonstrates that the attorney's errors resulted in financial losses for the client. Legal malpractice law firm claims can be brought by the victim for example, if the lawyer does not file the lawsuit within the statutes of limitations and the case being permanently lost.
However, it's important to understand that not all errors made by attorneys are illegal. The mistakes that involve strategy and planning do not typically constitute malpractice attorneys are given the ability to make judgment calls as long as they're reasonable.
The law also gives attorneys a wide range of options to refuse to conduct discovery on behalf of a client, so long as it was not unreasonable or negligent. Legal malpractice can be committed by failing to discover important documents or evidence, such as medical reports or witness statements. Other examples of malpractice are a inability to include certain defendants or claims such as failing to submit a survival count in a wrongful death lawsuit or the consistent and extended inability to contact a client.
It is also important to keep in mind the fact that the plaintiff must prove that, if not due to the lawyer's negligent behavior they could have won their case. In the event that it is not, the plaintiff's claim for malpractice will be denied. This requirement makes the filing of legal malpractice claims a challenge. Therefore, it's essential to choose an experienced attorney to represent you.
Damages
In order to prevail in a legal malpractice lawsuit, a plaintiff must demonstrate actual financial losses that result from the actions of an attorney. This should be proved in a lawsuit using evidence such as expert testimony, correspondence between the client and attorney, billing records and other documents. In addition, the plaintiff must prove that a reasonable lawyer could have prevented the damage caused by the attorney's negligence. This is referred to as the proximate cause.
The definition of malpractice can be found in a variety of ways. The most frequent types of malpractice include failing to meet a deadline, including the statute of limitation, failure to conduct a conflict check or any other due diligence on a case, improperly applying law to a client's circumstance and breaching a fiduciary responsibility (i.e. mixing funds from a trust account an attorney's account or handling a case in a wrong manner, and failing to communicate with the client are all examples of malpractice.
In most medical malpractice attorney cases the plaintiff is seeking compensatory damages. These compensate the victim for expenses out of pocket and losses, for example hospital and medical bills, costs of equipment required to aid in healing, as well as lost wages. Victims can also claim non-economic damages such as discomfort and pain as well as loss of enjoyment from their lives, as well as emotional suffering.
Legal malpractice cases usually involve claims for compensatory and punitive damages. The former is intended to compensate victims for losses due to the negligence of the attorney and the latter is intended to discourage any future malpractice by the defendant's side.
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