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. 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.
Medical malpractice lawyers needs to refrain themselves from filing frivolous lawsuits.
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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. 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. 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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The Role of Defense Attorneys in a Medical Malpractice
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. 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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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.