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How a Medical Malpractice Lawyer Can Help You Medical malpractice is known as the negligence on a medical care provider's part that provided an injury to the patient. Cases that falls under medical malpractice may include the inability to provide the right cure of a known disease, incorrect diagnosis of a disease, and delaying the treatment of a condition without having a valid reason. 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. If there are any form of damages such as emotional or physical, the plaintiff 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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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. 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. 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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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. 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 Prior to the court trial, expert witnesses should be examined carefully. 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.

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