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Everything You Need to Know About Medical Malpractice Basically, medical malpractice occurs when the negligence of a medical care provider caused 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. 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. A case that does not have a serious value or purpose should not be filed by medical practice attorneys.
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In order for a malpractice attorney to avoid filing frivolous lawsuits, he must review all the facts that are presented to him 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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Why the Process of Medical Malpractice Needs a Defense Attorney 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. The hospital where the healthcare practitioner is employed is usually the one that assigns a malpractice attorney and the defense is also permitted to request for expert witnesses that can help their case. 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 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.