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How a Medical Malpractice Lawyer Can Help You 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. 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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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. 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. 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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The Role of Defense Attorneys in a Medical Malpractice 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. 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. What You Need to Know When it Comes to Selecting an Expert Witness 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.