When a patient obtains an injury due to the negligence of a medical care provider it is called medical malpractice. Some of the instances that belongs to the category of medical malpractice cases include the inability to provide the right cure needed for a well known disease, delaying the proper care of a condition without having a proper reason, and the misdiagnosis of a disease. In a medical malpractice case, the parties involved consist of a medical malpractice lawyer, the plaintiff, the expert witnesses and the plaintiff.
In case the patient died due to the injury that he or she obtained from the negligence of the healthcare provider, the executor or administrator will be act as the plaintiff in behalf of the patient. A case of medical malpractice should only be filed once a patient has proven that the primary cause of the injury that he or she obtained is the inability of the physician or healthcare provider to provide an adequate care that he or she needed. Proof of damages such as emotional or physical, must also be presented by the plaintiff.
A frivolous kind of lawsuit should not be filed by a medical malpractice lawyer.
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To ensure that malpractice attorneys are not going to file a frivolous lawsuit, one of their responsibilities is to review all of the facts that are given to them by the plaintiff. Fines for making the court tied up may be imposed for both the plaintiff and the malpractice lawyer if a judge finds out that there is no legal value on the case of the plaintiff. On the other hand, the defendant may counter sue the plaintiff to reclaim the court costs and seek punitive damages if he or she feels that he or she is a victim of an invaluable lawsuit.
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How Important it is to have a Defense Attorney in the Process of Medical Malpractice
Even though the defendant is usually a physician, there are cases wherein the nurse can also become as the defendant, based upon his or her being involved with the patient. If the defense wants to request for expert witnesses that can assist with their case, they are permitted to do so and most of the time, the malpractice lawyer that will help them is assigned by the hospital where the healthcare practitioner is employed. Before the court date, the defense and the plaintiff’s lawyer needs to share the information and both parties can choose to settle through negotiations that are already out of court.
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Before a trial begins, expert witnesses needs to be properly examined. In most cases, the judge can be able to figure out if the expert’s testimony is reliable and applicable to the case by calling a hearing before a court trial.