A malpractice lawyer can take cases both from the medical field and from the legal field, and while the latter may be more difficult to prove or support, legal malpractice does exist.
When we think of a malpractice lawyer, our minds generally go toward hospitals and surgeries, and while these types of cases do exist, there are different kinds of cases that these attorneys may represent. Several types of medical malpractice as well as legal malpractice may be within the expertise of a lawyer or within his law group.
Hospitals and surgeries may be the most commonly heard of malpractice cases, but any type of medical service across the entire medical field can be investigated. Doctors and death cases may be the most notorious, but death need not occur to incur a malpractice case. Any kind of poor judgment or intentional action against the best interest of a patient could land in a court of law.
A nurse could give a wrong dosage, a technician could fail to follow directions, or a therapist could give the wrong treatment. It must be proved that the accused was at the time and with the current knowledge of the situation intentionally not acting in the best interest of the patient. Negligence and wrongful death can also fall under this umbrella.
Beyond this most commonly thought of type of malpractice, a lawyer may also be in the business of trying legal malpractice. This happens when an attorney acts in a negligent manner when providing legal advice or trying a case. Those who are not legally practicing in the state of service are also at risk for investigation, and those who misuse a client’s money certainly will find themselves on the other side of the court.
It is difficult to prove and difficult to find a malpractice lawyer willing to try, but in some cases a defendant may claim that missteps and misjudgments from his legal counsel ultimately landed him a verdict with a stricter, longer, or uncalled for sentence. If he can prove that another path in trial would have handed down a lesser verdict, he may have a case.
Laws are ever changing, and lawyers can only give advice and lead based on the current laws that pertain to the current situation. A case cannot be brought against counsel who was acting in the best interest of the client with the knowledge and law that he had at the time.
While the defendant, the lawyer being sued, in a legal malpractice case probably has the benefit in that he knows the law, if he cannot prove that he was acting on behalf of the client, a case can be made against him, and a malpractice lawyer is the professional for the job.
Legal and medical professionals are encouraged to carry malpractice insurance on themselves. This does not mean they cannot be accused and sued, but the insurance, like any other insurance, will protect them against severe monetary damage and loss of a practice or license.
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