When a patient obtains an injury due to the negligence of a medical care provider it is called medical malpractice. The inability to provide the right cure for a certain disease, incorrect diagnosis of a disease and the delaying the treatment of any condition without having a proper reason are among the few cases under medical malpractice. 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.
In case the patient died due to the injury that he or she obtained from the negligence of the healthcare provider, the executor or administrator will be act as the plaintiff in behalf of the patient. 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. Proof of damages such as emotional or physical, must also be presented by the plaintiff.
A frivolous kind of lawsuit should not be filed by a medical malpractice lawyer.
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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
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. 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.
How to Choose Expert Witnesses for the Medical Malpractice Case
Before a trial begins, expert witnesses needs to be properly examined. 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.