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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. 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 case that does not have a serious value or purpose should not be filed by medical practice attorneys.
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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. 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 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. Aside from being able to choose to settle through negotiations that are out of court, the lawyers of both the plaintiff and the defense are also obliged to share an information before the court date. The Qualifications of Expert Witnesses for Medical Malpractice Cases There is a need to carefully screen the expert witnesses before a court trial begins. In most cases, the judge can be able to figure out if the expert’s testimony is reliable and applicable to the case by calling a hearing before a court trial.