Malpractice Cases
Types of Malpractice Cases
As a lawyer, the types of malpractice cases that I handle are typically related to the medical field. These cases can include:
- Surgical errors
- Misdiagnosis
- Failure to diagnose
- Improper treatment
- Medication errors
- Medical device failures
However, it is important to note that malpractice can occur in other fields, such as legal, accounting, and financial advising.
Bringing a Malpractice Case
In order to bring a malpractice case, there must be:
- A duty of care owed by the defendant
- A breach of that duty
- Actual harm suffered by the plaintiff as a direct result of the breach
There must also be a causal link between the breach and the harm suffered.
It is important to note that there are limitations and exceptions to malpractice cases. For example, in some jurisdictions, there may be caps on the amount of damages that can be awarded in a medical malpractice case. Additionally, some states have statutes of limitations that limit the amount of time a plaintiff has to file a malpractice claim.
What to Do if Harmed by Negligence
If a person believes they have been harmed by the negligence of a professional, they should seek legal counsel from a licensed attorney in their jurisdiction. The attorney can evaluate the potential case and provide advice on the best course of action, which may include:
- Filing a lawsuit
- Pursuing a settlement or other resolution
- Taking no action at all
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