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How to Choose the Best Medical Malpractice Lawyers 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. 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. 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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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. If it happens that the case filed by the plaintiff has no legal value based on what the judge determined, both the malpractice lawyer and the plaintiff will be charged with fines for making the court tied up. 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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How Important it is to have a Defense Attorney in the Process of 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. 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. 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 There is a need to carefully screen the expert witnesses before a court trial begins. 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.