Suing Opposing Counsel For Malpractice In Massachusetts
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Settlements for legal malpractice can meet or even exceed the range of $1,000,000. With hundreds of thousands and your reputation at stake, it's vital to be insured against these types of settlements and claims.
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.
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.
The offer of proof refers to evidence presented by the victim of the medical malpractice that demonstrates the following: The defendant is a provider of healthcare, like a doctor or nurse. The defendant breached the duty of care owed to the plaintiff, or person filing the claim. The breach caused harm to the plaintiff.
Proving causation is often the most difficult element of a medical malpractice case. However, it is not impossible. With the help of an experienced medical malpractice lawyer, plaintiffs may be able to overcome the challenges of proving causation and win their cases.
Medical records are the most important documents for beginning a medical malpractice case. Records both of the negligent care at issue as well as treatment after the fact are usually required to evaluate a potential case.
The offer of proof should state or summarize the testimony or evidence and show that the proponent would be prejudiced by the exclusion of the offered evidence. Holmgren v. LaLiberte, 4 Mass. App.
At Jeffrey Glassman Injury Lawyers, we know in Massachusetts, with few exceptions, claimants must file their medical malpractice complaints within three years of the incident. So victims of Massachusetts medical malpractice will have three years in which to formally file a lawsuit.
Specifically, Massachusetts caps noneconomic damages at $500,000 in medical malpractice cases. There are exceptions to this cap, which we'll cover later.
