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How a Medical Malpractice Lawyer Can Help You Medical malpractice is known as the negligence on a medical care provider’s part that provided an injury to the patient. The inability to provide the right cure for a certain disease, incorrect diagnosis of a disease and the delaying the treatment of any condition without having a proper reason are among the few cases under medical malpractice. 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 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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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. If it happens that the case filed by the plaintiff has no legal value based on what the judge determined, both the malpractice lawyer and the plaintiff will be charged with fines for making the court tied up. 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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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. 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. The Qualifications of Expert Witnesses for Medical Malpractice Cases 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.