When a patient obtains an injury due to the negligence of a medical care provider it is called medical malpractice. 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. If a case pertains to medical malpractice, the parties involved will include the defense, the plaintiff, the expert witnesses and the medical malpractice lawyer.
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 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. 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. 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. 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
In some instances, a nurse can also become as the defendant based on his or her being involved with the patient even if it is really the physician who consists of the defense most of the time. 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. 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.
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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.