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. Proof of damages such as emotional or physical, must also be presented by the plaintiff.
A case that does not have a serious value or purpose should not be filed by medical practice attorneys.
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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. 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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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. The hospital where the healthcare practitioner is employed is usually the one that assigns a malpractice attorney and the defense is also permitted to request for expert witnesses that can help their case. 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
Before a trial begins, expert witnesses needs to be properly examined. 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.