Life as a Medical Malpractice Attorney: 6 Key Points

Posted on 09-14-2015 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.

According to this LexisNexis White Paper – Life as a Medical Malpractice Attorney – six key points can help attorneys throughout the process:

  1. For plaintiff counsel, decide whether to commit:
  • Can you afford the up-front outlay?
  • Are you mentally and physically up for the challenge?
  • Will the potential result be worth your while?


2. For pre-litigation planning, organization is key:

  • Determine the legal issues
  • Conduct research due diligence
  • Know your terminology
  • Do background checks
  • Know your state’s rules


3. Enlisting the help of experts:

  • Hire the best
  • Research them
  • Know their fees
  • Make sure they will testify


4. Discovery and depositions:

  • Look for modifications to the medical records
  • Confirm handwritten notes
  • Explore adherence to the standard of care
  • Create summary exhibits


5. Motions in limine:

  • Keep information out
  • Get an indication of what will be allowed


6. Closing arguments:

  • Plaintiffs – always ask for a specific damages figure


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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