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How a Medical Malpractice Lawyer Can Help You When a patient obtains an injury due to the negligence of a medical care provider it is called medical malpractice. 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. There is a need for the patient to prove that the main cause of the injury he or she acquired was because of the healthcare provider or the physicians’ s lack of ability to provide adequate care prior to filing a case of medical malpractice. Proof of damages such as emotional or physical, must also be presented by the plaintiff. A case that does not have a serious value or purpose should not be filed by medical practice attorneys.
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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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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. 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 There is a need to carefully screen the expert witnesses before a court trial begins. 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.