FUNDAMENTAL QUESTION 1:
Do you really understand the
medical condition or procedure
involved?
This understanding is vital because
it also provides a foundation for
more in-depth learning later. It
can also ultimately translate into
greater confidence and better-informed interactions with others
who may eventually be involved
in a case, such as expert witnesses
or consultants.
So, even before you accept the
case, research the medical condition,
diagnosis or procedure well, including the terminology involved. Access
to a comprehensive and reliable
database of medical definitions,
conditions and treatments is essential from the outset. That resource
will be important later as a go-to
resource when you develop case
strategy.
FUNDAMENTAL QUESTION 2:
Do you know the standard of
care?
The key objective here is to arrive at
a meticulous and realistic analysis
of the elements of negligence, if
they exist.
Medical malpractice cases involve many “moving parts,” and can prove
highly demanding for those expected to keep everything on track.
Begin on a firm foundation. Make sure you can answer these questions
that underpin every medical malpractice matter.
ADVERTISEMENT
JASON BAGLEY, ACCOUNT EXECUTIVE
Jason earned his law degree from Northern Illinois University and has been
with LexisNexis® for four years. His primary focus is to advise small and
mid-sized firms on the LexisNexis suite of products and services. His extensive knowledge of legal technology, combined with his experience as a practicing attorney, has equipped him to effectively serve the needs of his customers.
602.559.4587 or Jason.Bagley@lexisnexis.com
Six Fundamental Questions to
Succeed in Your Medical
Malpractice Matter
www.lexisnexis.com/bars
Guidelines and standards may be
debatable, while precarious links to
causation can further complicate an
argument. Plus guidelines and standards also continually evolve. Still,
they can identify potential shortcomings in care before talking to
an expert and further developing a
case.
FUNDAMENTAL QUESTION 3:
What’s the potential value –
and potential risk – of taking
this matter?
If you don’t know the odds of prevailing, find out. And understand
what your case might be worth.
You can better understand the
risks and value involved in taking the
matter by comparing past verdicts
and settlements in similar cases. Are
there caps on non-economic damages? The right tools can help you
quickly estimate the value of proceeding or settling.
FUNDAMENTAL QUESTION 4:
Is there a truly authoritative
expert who can add clarity?
You know the quality of an expert is
one of the most important factors in
achieving success. So avoid consult-
ing an expert who simply reinforces
your preconceptions. Get an objec-
tive consultation.
Finding medical experts can be a
challenge. You need to research a
searchable directory and be sure to
investigate an expert’s background,
orientation for plaintiff or defense
counsel, experience in depositions,
frequency of testifying, types of
cases they have been involved with,
etc. Also review their testimony
transcripts.
FUNDAMENTAL QUESTION 5:
What do you know about all the
parties involved?
That includes your own client or potential client and their businesses.
And don’t forget to vet opposing
counsel and judges. Understanding a
judge’s ruling patterns can help you
select jurisdictions and/or prepare
arguments.
FUNDAMENTAL QUESTION 6:
What’s current law on this issue?
Be sure to know if there is anything
pending in the legislative or case-law pipeline that could change where
you stand and review any current
cases. Set up alerts if needed.
