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For any attorneys considering a medical malpractice case, organization is crucial. In fact, according to this LexisNexis White Paper – Life as a Medical Malpractice Attorney – medical records alone can pile up to 10 or 20 volumes. And, based on the medical records, identifying the legal issues can trigger your research and form the foundation of your case.
Research should also include checking the backgrounds of your clients, opposing parties, witnesses and experts. Never discount the benefits of checking what opposing parties are posting on social media. Defense attorney Robert Graziano of Roetzel & Andress in Florida said he researches licensures.
“We want to make sure our client is telling us the truth and has a good license, that the experts we consult have active licenses, and that prospective experts have licenses in good standing.”
You should also know your state’s rules and whether it has any pre-filing requirements. Be sure all elements of the case are covered, e.g., standard of care, deviation, causation and damages. “As a good defense lawyer, I can knock any one of those out, and I win,” Graziano said.
Download the complete white paper via SlideShare >>
Get quick access to the critical medical and legal information you need to formulate a winning case strategy with MedMal Navigator®, recently voted the Best Legal Information Solution at the SIIA CODiE Awards. Learn More>>