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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. Cases that falls under medical malpractice may include the inability to provide the right cure of a known disease, incorrect diagnosis of a disease, and delaying the treatment of a condition without having a valid reason. Some of the people that are involved in a medical malpractice cases includes the plaintiff, the defense, the expert witnesses and the medical malpractice attorney. Usually, the patient is the plaintiff, however, if the patient already died as an outcome of the injury, an executor or administrator of the state may act as the plaintiff. A patient needs to prove first that the major cause of his injury is the inability of a healthcare provider or a physician to provide an adequate care that he needs before he can file a case of medical malpractice. If there are any form of damages such as emotional or physical, the plaintiff need to present a proof of it. Medical malpractice lawyers needs to refrain themselves from filing frivolous lawsuits.
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One of the responsibilities of medical malpractice lawyers is to review all the facts that is provided to them by the plaintiff so that they can prevent themselves from filing a serious lawsuit. 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 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. In order to help with their case, the defense is also permitted to request for expert witnesses and the malpractice attorney is usually hired 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. What You Need to Know When it Comes to Selecting an Expert Witness Prior to the court trial, expert witnesses should be examined carefully. Generally, prior to the trial, a judge will call for a hearing in order to know if the testimony of the expert witnesses are reliable and related to the case.