Set aside the merits (I don't want to discuss those) and think about something you may not have considered about the realities of medical malpractice claims. I, unlike many of my colleagues, think that we could initiate some broad-based legal reform that could bring some consistency and predictability, and still require responsibility and accountability into our system.
Jumping in to this arena, I completed a medical malpractice, pre-litigation panel last week. The case concerned an understaffed rest home, a fall, and a subsequent death. It’s really more of a personal injury case than a medical malpractice issue. After the hearing, the opposing party invited us out to chat in the hall. Though I knew it was not to give us a nice hug and hand shake, I thought that this would be a professional, short discussion about the merits of the case and maybe a discussion on a resolution. Instead, the opposing party indicated the many ways he was going to destroy us.
Therein lies one of the problems. In most medical malpractice cases (and I would say, regardless of the merits or fault), the medical care providers pursue a scorched-earth policy. Is it effective? Yeah, arguably at times. But in my humble opinion, usually not. Pursuing such tactics just increases the expenses on both sides, enriches the attorneys, and causes unnecessary entrenchment. I’ll let you know how this one goes – if I am around to tell the tale.
Loren M. Lambert © November 19, 2013
Jumping in to this arena, I completed a medical malpractice, pre-litigation panel last week. The case concerned an understaffed rest home, a fall, and a subsequent death. It’s really more of a personal injury case than a medical malpractice issue. After the hearing, the opposing party invited us out to chat in the hall. Though I knew it was not to give us a nice hug and hand shake, I thought that this would be a professional, short discussion about the merits of the case and maybe a discussion on a resolution. Instead, the opposing party indicated the many ways he was going to destroy us.
Therein lies one of the problems. In most medical malpractice cases (and I would say, regardless of the merits or fault), the medical care providers pursue a scorched-earth policy. Is it effective? Yeah, arguably at times. But in my humble opinion, usually not. Pursuing such tactics just increases the expenses on both sides, enriches the attorneys, and causes unnecessary entrenchment. I’ll let you know how this one goes – if I am around to tell the tale.
Loren M. Lambert © November 19, 2013
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