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. 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 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. Proof of damages such as emotional or physical, must also be presented by the plaintiff. 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. 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 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. Aside from being able to choose to settle through negotiations that are out of court, the lawyers of both the plaintiff and the defense are also obliged to share an information before the court date. What You Need to Know When it Comes to Selecting an Expert Witness There is a need to carefully screen the expert witnesses before a court trial begins. 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.