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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. 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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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. 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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The Role of Defense Attorneys in a 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. 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. The Qualifications of Expert Witnesses for Medical Malpractice Cases Prior to the court trial, expert witnesses should be examined carefully. 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.