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first of all I’m very careful about
taking medical malpractice cases the
problem with medical malpractice cases
is a lot of the clients believe that if
something went wrong during a medical
procedure for example a surgery there
has to be malpractice the answer is no
there doesn’t have to be malpractice you
can have a bad result without
malpractice being committed so the first
thing you have to do when you have a
client that comes in and tells you story
about what happened to them you assess
it to determine whether there’s a
reasonable possibility that medical
malpractice was committed if there was
you have to order all the records
hospital records surgical Records Office
visit records and then you have to hire
an expert when I talk about that a
physician that’s trained in the area for
example if it’s a a surgery a Urological
surgery you have to you have to hire a
Urological
surgeon and those people aren’t easy to
find but there are exp ERT witness
services that you can locate and hire
these people so you have to you have to
put some upfront money uh on the case
which the client normally can’t afford
you have everything reviewed then you
get a preliminary opinion from the
expert who says yes there is malpractice
and here’s why or no there isn’t
malpractice and here’s why and sometimes
you have to sit down with the client and
give them the bad news look I’ve had
this looked at by a recognized expert he
tells me there’s no malpractice here and
here’s why what I found historically is
clients are generally satisfied with
that if in fact they’re told that it’s
like oh okay because you let them know
that if you if you Institute litigation
in the case there are tremendous number
of costs to be incurred in litigation
medical malpractice cases and the
success rate of medical malpractice
cases that are not settled at trial is
kind of abysmal it’s usually about a 10
to 15% win rate for the plaff and about
an 85 to 90% win for the defend Dan so
from my standpoint if I take a medical
malpractice case it’s because I truly
believe that the doctor did something
horribly wrong and I feel I can prove it
to a jury
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