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Everything You Need to Know About Medical Malpractice Medical malpractice is known as the negligence on a medical care provider’s part that provided an injury to the patient. 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. Most of the time, the plaintiff is the patient, but then an executor or administrator may act as a plaintiff in the event that the patient died as an outcome to the injury that he or she obtained. 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. In the event that a judge finds out that there is actually no legal value to the case being made by the plaintiff, both the malpractice lawyer and the plaintiff can have some fines imposed by the court. Moreover, counter suing the plaintiff to retrieve the court costs and to seek punitive charges can also be done by the defendant feels that he or she is a recipient of a frivolous type of lawsuit.
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How Important it is to have a Defense Attorney in the Process of Medical Malpractice In most cases, the defendant is a physician, however, a nurse can sometimes be named as the defendant based on how he or she is 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. How to Choose Expert Witnesses for the Medical Malpractice Case Prior to the court trial, expert witnesses should be examined carefully. 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.