When doctors violate the standard of care and their patient is injured, they bear legal responsibility. The same is true for lawyers. However, not all mistakes are of such gravity or consequence that the client may recover. Essentially the injured client must show:
- Existence of professional duty to the person harmed. Usually this means he must have been a client of the attorney.
- Professional negligence (violation of a duty owed to the client)
- Actual damages resulting from the professional negligence.
The most common types of malpractice case involve the missing of deadlines.
Failing to file suit within the time required by law (the statute of limitations) is the most common deadline missed and most common cause of malpractice claims. However, even where a lawyer fails to file suit in timely fashion, so that it is now barred by limitations, recovery on a malpractice claim is not a certainty.
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