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How to Choose the Best Medical Malpractice Lawyers Basically, medical malpractice occurs when the negligence of a medical care provider caused an injury to the patient. 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. If a case pertains to medical malpractice, the parties involved will include the defense, the plaintiff, the expert witnesses and the medical malpractice lawyer. 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. Whether the damages that occurred are emotional or physical, the patient will 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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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. 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. On the other hand, the defendant may counter sue the plaintiff to reclaim the court costs and seek punitive damages if he or she feels that he or she is a victim of an invaluable 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. 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 There is a need to carefully screen the expert witnesses before a court trial begins. Generally, prior to the trial, a judge will call for a hearing in order to know if the testimony of the expert witnesses are reliable and related to the case.