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How a Medical Malpractice Lawyer Can Help You Basically, medical malpractice occurs when the negligence of a medical care provider caused 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. If a case pertains to medical malpractice, the parties involved will include the defense, the plaintiff, the expert witnesses and the medical malpractice lawyer. 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 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. Whether the damages that occurred are emotional or physical, the patient will need to present a proof of it. 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. Furthermore, in order to recuperate from the court costs and to possibly seek punitive charges, a defendant that feels he or she is a recipient of a frivolous lawsuit can definitely counter sue the plaintiff.
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Why the Process of Medical Malpractice Needs a Defense Attorney 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. Sharing of information before the court date is necessary for both the defense and the plaintiff’s lawyers, and having a settlement through negotiations out of court can also be chosen by both parties. How to Choose Expert Witnesses for the Medical Malpractice Case 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.