| 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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