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Medical malpractice claim needs strong vetting prior to filing

June 3rd, 2016
On behalf of David Bowling of The Bowling Christiansen Law Firm, A Professional Law Corporation posted in Medical Malpractice on Friday, June 3, 2016.

Pursuing a medical malpractice claim in Louisiana or any other jurisdiction is a difficult and complex process to be followed with great care. Current information reveals that medical malpractice is involved in far more cases than ever before believed. Each case, however, requires a very detailed and complex evaluative procedure in order to find the best litigation strategy under the circumstances.

Due to the fact-specific nature of each case, the complex web of laws, and the need for expert medical testimony, the malpractice attorney manages the case evaluation. The layman will not usually be able to learn the complexities of the legal case quickly, or understand the laws, rules and requirements necessary to prove a case. However, the patient and his family can at least consider seriously some of the following principles in deciding whether to go forward.

The medical malpractice professional’s handling your case may demand a minimum set amount upfront to cover some of the expenses, such as expert testimony fees, filing fees, transcript costs and the like. If the cost is too much, it may be best to stop at this point. If the malpractice attorney is not willing to pay the bulk of the costs and be reimbursed later, then it may be that the claim has flaws that could prove fatal.

It is best to consider the strength of the evidence before deciding what to do. It is customary to have a medical expert review all of the documents and give a written report on the pros and cons of the case, with a recommendation of whether to make a claim or not. In some states, a variation of this procedure is required by state law. Understandably, the claimant must be physically and emotionally healthy enough to participate in a drawn-out battle.

On the other hand, everything is a function of settlement. One can generally trust in the recommendations made by the plaintiff’s attorney.  The attorney can also be generally relied on to give a reasonably accurate estimation claimant’s chances for success. In Louisiana and other jurisdictions, therefore, the best way to evaluate a medical malpractice claim is to follow the procedure and instructions given by one’s counsel.

Source: The Huffington Post, “6 Things You Should Consider Before Filing a Suit for Medical Negligence“, Toby Nwazor, May 24, 2016

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