Newfoundland Injury Law Blog

Why Most Medical Malpractice Victims Never Recover a Dime - Part 15

What Do We Do For You in a Medical Malpractice Case? 

Here is a more or less complete list of the tasks we may be called to do in your case.  Remember that each case is different, and that not all of these tasks will be required in every case. 

• Interview the client
• Educate you about medical malpractice claims
• Gather documentary evidence including medical records and hospital documents
• Interview known witnesses
• Collect other evidence, such as photographs of the injury itself
• Analyze the legal issues, such as contributory negligence and assumption of the risk
• Talk to your physicians or obtain written reports from them to fully understand the client's condition
• Analyze your health insurance policy or welfare benefit plan to ascertain whether any money they spent to pay your bills must be repaid. (Unbelievable as it may sound, your health insurance company may be entitled to full reimbursement of the money it paid on your behalf.)
• Analyze the validity of any liens on the case. Insurance companies, group benefit plans and employers may each assert that they are entitled to all or part of your recovery
• Obtain relevant medical literature to help determine whether malpractice was involved in your injury
• Recommend whether an attempt should be made to negotiate the case with the insurance company or whether suit shall be filed. (However, you should know that it is the rare malpractice case that can be successfully negotiated before filing suit.)
• Obtain nursing and expert review of your claim
• If suit is filed, prepare the client, witnesses and healthcare providers for depositions
• Prepare written questions and answers and take the deposition, under oath, of the defendant and other witnesses
• Produce to the defendant all of the pertinent data for the claim, such as medical bills, medical records, and tax returns
• Go to court to set a trial date
• Prepare for trial and/or settlement before trial
• Prepare the client and witnesses for trial
• Organize the preparation of medical exhibits for trial
• Organize the preparation of demonstrative exhibits for trial
• Prepare for mediation and/or settlement conference with a judge
• File briefs and motions with the court to eliminate surprises at trial
• Take the case to trial
• Analyze the judgment to determine if either side has good grounds to appeal the case
• Make recommendations to the client as to whether or not to appeal the case[1]

[1] Our contract with you does not obligate us to participate in any appeal.

Labels: medical malpractice