Medical Malpractice Claims: Does Your Client’s Case Have These 4 Basic Elements?

It can be difficult for an attorney to know whether the medical malpractice claim that walked through the door is going to be successful or not. The victim may be incredibly sympathetic and the injuries may be sufficiently serious to warrant some form of compensation. This is not enough, however, to give the green light. It’s very important to consider other factors: 1) Was there a doctor-patient relationship? Read More

Attorneys: What Should You Look for in a Viable Personal Injury Case?

When a potential plaintiff with their case walks through your door, what should you look for to determine if their case is viable? Viable here means not just successful, but that there is a large potential for recovering meaningful damages. While the plaintiff may be genuinely confident in their claim, it is always best to evaluate every detail carefully and look at multiple factors. Here are a few to consider. 1) Read More

When a Curbside Consult Is a Liability Risk

From MedScape What Is—and Is Not—a Curbside Consult Curbside consults—sometimes called "hallway," "elevator," or "sidewalk" consults—are probably as old as medicine. Primary care physicians generally request them at one time or another, if not multiple times a week, as one study found, and specialists are usually willing to oblige.[1] But do they pose a liability risk? That depends on how the term is defined. As Read More

Doctors, Hospitals, and Healthcare Providers: 4 Common Legal Issues in the Medical Field You Should Be Aware Of

Legal issues abound in the medical world, and not just in litigation. Given the highly sensitive nature and often life and death nature of the field, it should come as no surprise that the law is very involved in regulating the practice of medicine. Here are 4 areas that may not seem obviously impacted by legal issues, but are critical to be aware of as a doctor or healthcare provider. 1) Data breaches: The push Read More

Making surgery safer by helping doctors see nerves

Nerve-illuminating tool outperforms visual inspection; could reduce surgery related injury and chronic pain From: Science Daily; The Optical Society During operations, it can be difficult for surgeons to avoid severing crucial nerves because they look so much like other tissue. A new noninvasive approach that uses polarized light to make nerves stand out from other tissue could help surgeons avoid accidentally Read More

Don’t Pick Your Own Battles: 6 Reasons Why a Good Medical Malpractice Case Picker Makes All the Difference

Most medical malpractice claims are handled by attorneys on a contingency basis. This means that the lawyer gets nothing unless they win the case. It also means that they front the fees and costs, including expert witness fees, pre-litigation fees, and medical consultant fees before the case even goes to any type of settlement or trial. In this respect, medical malpractice cases are somewhat of a gamble for attorneys Read More

What to Do If You Get Sued – How to Avoid Getting Sued

Reducing Your Risk It's essential to take the right steps to deal with an active malpractice suit, but it is much more effective to make sure that suit wasn't filed in the first place. Although no strategy can entirely protect you, here are some that can vastly improve your chances. Take Some Commonsense Steps Some precautions are so basic that they can easily be overlooked. Here are a few: Make Read More

What to Do If You Get Sued – Should You Settle or Go to Trial?

The Decision to Settle or Fight Most medical malpractice lawsuits that get past the first hurdles are settled before they go to trial. That's because it's usually in both sides' best interests to avoid the added time and expenses of a trial. A settlement gives plaintiffs their money earlier, and they don't face the risk of losing at trial. Meanwhile, defendants are likely to pay out less in a settlement than Read More

What to Do If You Get Sued – Depositions: The Heart of the Case

Why Depositions Are so Critical The depositions have enormous significance to your case. They will help determine whether the lawsuit could be dropped or settled without going to trial. In the Medscape survey of doctors who had lawsuits filed against them, 28% indicated they were settled after the depositions and 19% said they were actually dismissed at that point. Even if your case does go to trial, the Read More

A Comprehensive Look at Informed Consent in Medical Malpractice Claims

Informed consent is one of those areas of medicine that has been taken over by the law. Consent is already a fraught term in the law industry and informed consent even more so, particularly in the context of medical malpractice. What is informed consent? In the medical malpractice legal world, informed consent is the process whereby a doctor or other healthcare provider (we will use these terms Read More