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. In a medical malpractice case, the parties involved consist of a medical malpractice lawyer, the plaintiff, the expert witnesses and the plaintiff.
Most of the time, the plaintiff is the patient, but then an executor or administrator may act as a plaintiff in the event that the patient died as an outcome to the injury that he or she obtained. 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 frivolous kind of lawsuit should not be filed by a medical malpractice lawyer.
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To ensure that malpractice attorneys are not going to file a frivolous lawsuit, one of their responsibilities is to review all of the facts that are given to them 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. 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 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. 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. Sharing of information before the court date is necessary for both the defense and the plaintiff’s lawyers, and having a settlement through negotiations out of court can also be chosen by both parties.
The Qualifications of Expert Witnesses for Medical Malpractice Cases
Prior to the court trial, expert witnesses should be examined carefully. Most often than not, the judge would request a hearing before the trial so that he will know if the testimony of the witness is reliable and relevant to the case.