| Screening
Potential Medical Malpractice Claims: From the Frivolous to
the Egregious by Peter Bergé JD PA
Has there been any increase in calls during this current shaky
economy?
What is the most common reason people provide for contacting
your firm about a potential case? (What motivates them to
call about a case?)
Let’s say the plaintiff tells you after the injury the
physician became unavailable or did not explain what happened.
How does that influence the readiness of the plaintiff to
contact a lawyer?
When you are first looking at a potential medical malpractice
case, do you have a “triage” system for eliminate
problem cases from the start?
How do you establish the standard of care for the purpose
of case review?
How do you evaluate a case involving complex standards of
care?
One of the criticisms of the current jury system is that people
who make up a jury are laypeople, not a jury of the doctor’s
peers. Can jurors understand the nuances of complex cases,
and if not, how does that affect case screening?
How to you evaluate the medical literature as a way to establish
the standard of care?
What are the client characteristics that should be taken into
account when you are screening a case?
How much credence do you give to rejections of a potential
claim by other firms?
Let's assume you strongly suspect medical records were falsified
or drafted in a misleading way. How does that affect the decision
to take a case?
What advice would you offer to legal nurse consultants who
assist attorneys in screening medical malpractice cases for
merit?
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