Medical Malpractice Claims
- These are not your red light green light cases.
- Most mediators and judges have little or no hands-on experience with Med Mal cases. WHY? Because they didn’t handle them when they were attorneys.
- They incorrectly assume that they’re just like every other PI cases just with more medicalese.
- Med mal cases have 1) distinct rules of evidence, 2) distinct reporting requirements, 3) patients who not only have been injured but feel violated and doctors with professional size egos and justifiable reputations to protect.
- The defense bar is a cut above- as are many plaintiff lawyers who have spent countless hours learning the medicine.
- Most judges won’t/don’t have the time to learn the underlying medicine. Just watch the Judge’s eyes when you use the term “ipsilateral.”
- Did I mention that they are hugely expensive with costs easily exceeding 6 figures pretrial?
Solution-You need a mediator with vast medical malpractice knowledge to effectively settle these complicated cases.