Legal malpractice occurs when an attorney makes a sloppy mistake, which makes you lose your case. There are certain factors that could make a client sue his or her lawyer for malpractice including not filing a motion on time or failure to show up at the time scheduled for court hearing. However, before filing a legal malpractice suit, you must have had contact with the attorney you are about to sue. The first thing to think is how you interacted with the attorney. Did you meet with him in his office, at a party or you spoke over the phone? Once you both signed a pact as regards the issue then there exist an attorney-client relationship, and you can move on with the process.
Criteria for filing for malpractice
Before you can file for a malpractice charge, the lawyer must have
- Acted carelessly in presenting the case
- Failed to live up to a contract
- Behaved unprofessionally
- Made an error that caused you lose the case.
Once there is a proof of evidence for these mistake mentioned above, then you can sue for malpractice charge. One of the reasons why most clients sue their attorneys for malpractice is because of negligence. If you want to sue your attorney for negligence, then you have to prove to the law court that the individual failed to live up to his duty and as such the case was lost. This is a proof that the attorney’s failure to act with reasonable care was the major reason why you didn’t win your case.
Medical malpractice is when a doctor makes a mistake during treatment that made your case worsened. It is sometimes deadly for a doctor or any staff in the health institutions to make a mistake as it could result into the death of a patient.
How to know if you have medical malpractice
It is uncommon for a professional doctor to make an error during treatment or diagnosis. The well-being of patients is their number one priority, and in a case where the mistakes made by a doctor exacerbated the condition, then you can file for a medical malpractice lawsuit. Before you can file for a medical malpractice case, you need to provide some proof and evidences stating that the damages were a result of a mistake on the part of a health care professional or facility. Some of the things to consider include:
- Existence of a doctor-patient relationship
- Receive care that’s below standard
- Quantifiable harm on the patient due to the negligent acts of a health professional
What to do when subjected to negligent care
One of the best things to do is contacting a malpractice attorney. The lawyer will review the case including reports, medical records and several interviews before he or she can determine if the case is viable or not. It is therefore advisable to always consult an attorney to know if you can file a malpractice case.