Suing Opposing Counsel For Malpractice In Illinois
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And there is a good reason for it. A legal malpractice case requires one attorney to sue another attorney on behalf of a wronged former client for representation that was substandard. In other words, representation that failed to meet the standard of what a “reasonable” attorney would have done in that situation.
Conclusion. Proving causation is often the most difficult element of a medical malpractice case.
Conclusion. Proving causation is often the most difficult element of a medical malpractice case.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
But an opposing attorney does not have a duty to perform competently as to the other party. You have no attorney/client relationship with opposing counsel, and thus he/she owes you no duty and therefore you cannot claim that you have been damaged by his/her malpractice.
Of those four components, causation is often the hardest element to prove in court.
It might unnerve you to know that the medical error most likely to leave you significantly injured typically occurs when you first show up with a medical problem. Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims.
What Part of Negligence Is Hardest to Prove? The second and third elements of negligence (breach and causation) tend to be the most difficult to prove. Showing a direct link between someone's action or inaction and the injuries you suffered can be challenging.
Which element of malpractice is hardest to prove? Proving negligence is often the most challenging element of a medical malpractice case. It requires demonstrating that the healthcare provider's actions deviated from the standard of care and that this deviation directly caused harm to the patient.
It is well established that the elements of a legal malpractice action in Illinois are: (1) the existence of an attorney-client relationship that establishes a duty on the part of the attorney; (2) a negligent act or omission constituting a breach of that duty; (3) proximate cause; and (4) damages.
