Life as a Medical Malpractice Attorney: Ferret out the Facts

Posted on 08-31-2015 by
Tags: Trending News & Topics

If you have been following our series focusing on a “day in the life of a medical malpractice attorney” you now know the myriad amount of considerations to guide you through decisions that would help you prevail, regardless of whether you sit on the plaintiff or defense side of the table.

Written discovery can unearth important details According to this LexisNexis White Paper – Life as a Medical Malpractice Attorney – comparing records line-by-line often results in case-changing nuggets. When “ferreting out the facts,” look to answer the following 2 questions:

  • Were material changes made to the medical records?
  • Is it the same record that was provided pre-suit? 

When conducting a plaintiff deposition, distinguish between what the doctor does routinely and what is the standard of care. Convince an opposing expert that professional organization’s journals are authoritative; it lays the foundation for using the medical literature at trial. 

Be prepared to summarize. Condensing hundreds of pages of medical records into a summary exhibit paints a clear, concise picture for the jury. You do not want to overwhelm them.

Another item you will need to consider is selecting an expert witness.

Download the complete white paper via SlideShare >> 

If you found this article to be of interest, you may be interested in the following LexTalk posts:

To build and deliver your winning case, you need the right tools. Seek out LexisNexis® Litigation Strategy & eDiscovery Solutions.

 

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