Suing Opposing Counsel For Malpractice In Allegheny
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The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice.
Physicians win approximately 80% to 90% of the cases reviewers believe they should win, approximately 70% to 80% of the cases rated as toss-ups, and roughly 50% of the cases deemed by peer reviewers to have strong evidence of negligence 18.
Winning a medical malpractice claim can prove very difficult. However, that does not mean that you cannot win. If you suffered a serious injury due to the negligence of a medical care provider, you deserve compensation for those losses.
1. See JOHN S. MURRAY ET AL., NEGOTIATION 147 (1996) (stating that almost 95% of cases filed in court are settled). 21.4% of all malpractice claims involve the activity of settlement and negotiation.
Winning a medical malpractice claim can prove very difficult. However, that does not mean that you cannot win. If you suffered a serious injury due to the negligence of a medical care provider, you deserve compensation for those losses.
In Pennsylvania, medical malpractice lawsuits are subject to special choice of venue limitations. Medical malpractice lawsuits in Pennsylvania can only be filed in the County where the alleged malpractice occurred.
The American Bar Association reports that four out of five lawyers will get sued for malpractice at some point in their career. Seventy percent of malpractice claims are filed against small firms of one to five lawyers.
Ing to the American Bar Association (ABA), lawyers have a 4 to 17 percent chance of being sued every year, largely dependent upon their jurisdiction and practice area.
Any one of the four Cs of medical malpractice (compassion, communication, competence, and charting), which are outlined below, violates a doctor's fiduciary duty of care. The law imposes this special responsibility if two parties in a contract, which in this case is a treatment agreement, have unequal bargaining power.
To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
