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. If a case pertains to medical malpractice, the parties involved will include the defense, the plaintiff, the expert witnesses and the medical malpractice lawyers.
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.
Medical malpractice lawyers needs to refrain themselves from filing frivolous lawsuits.
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. 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.
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. For more facts and information regarding medical malpractice, you can go to http://www.huffingtonpost.com/news/lawyers/.
How to Choose Expert Witnesses for the Medical Malpractice Case
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.