A Brief Guide to Medical Malpractice and Legal Malpractice

May 15, 2019 RAWAT 0 Comments


Malpractice is known as illegal, improper, or negligent activity or treatment in a professional context. This type of illegal professional activity may be practiced by a licensed medical practitioner, public official, or lawyer. The act of malpractice can have potentially devastating consequences especially if the offending act performed is a result of medical or legal negligence. Both medical malpractice and legal malpractice are well-known forms of this devastating act that people should be wary of before it happens. 


About medical malpractice

The act of medical malpractice has harsh consequences and potentially long term consequences for people who suffer from this act. Medical malpractice happens in situations where a doctor, a medical practitioner, or the acting hospital causes injury to a patient or several patients by means of a negligent act or omission. The negligent omission or act may result from errors in health management, patient aftercare, treatment, or diagnosis.

The characteristics of a medical malpractice claim include:

If there is a violation of standard care by a licensed practitioner. Also known as the standard of care, patients have the right to expect medical practitioners to grant them healthcare that is consistent with those standards.  If a patient can prove that a medical practitioner acted against those standards of care, they may have the right to a medical malpractice claim.

If the injury was caused by the negligence of a medical practitioner. Medical malpractice claims can be proven valid if a patient proves if they sustained injuries from medical negligence that would have not occurred if they received acceptable care.

If injury results in considerable damages. A patient has to prove they suffered significant damages from the injury resulting from medical negligence. They are able to pursue their medical malpractice claims if they sustain an injury, unusual pain, significant medical bills, and hardship as a result of medical negligence.

About legal malpractice

In the case of legal malpractice, significant damages could occur if a lawyer makes an omission, error, or a breach of duty to a client or the justice system.  This grave error results in negative consequences for a client or other parties, such as a negative legal result or monetary losses. Common examples of legal malpractice include conflicts of interests between attorney and client, billing fraud, errors and omissions resulting in a case dismissal, presenting false evidence, or excessive litigation at the expense of a client.

The characteristics of a legal malpractice claim include:

If a violation of known professional conduct standards occurs. Clients of legal professionals have the right to expect ethical and compliant behaviors when lawyers handle their cases. If a client found evidence of unethical behaviors from a legal professional, they may have the right to pursue a legal malpractice claim.

If the negligence produces a negative legal result. In order to prove a legal malpractice claim, the plaintiff must prove that there is a direct link between the negative legal result and the violation of professional legal conduct committed by the legal professional who represented them.

If the negligence produces noteworthy damages. To prove a legal malpractice claim, the claim must show that the negligence legal practice resulted in significant damages to the plaintiff. These losses have to be in excess of the number of legal expenses needed to execute the case.  Losses have to be in excess of the amount of legal expenses needed to execute the case.

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