Screening Your Cases

posted on September 1st, 2002 in Screening Cases by clint

The most important decision you will make in any medical negligence case is whether to take it. In a typical medical negligence case, expenses for experts, depositions, treating physicians, demonstrative aids, and in-house tasks range somewhere between $30,000 to $60,000 before trial. The trial itself can add an extra $20,000 or $30,000 in charges depending on the number experts you bring to trial. Statistically, plaintiffs lose over 75% of medical negligence cases. Therefore, it is crucial to make a complete and accurate evaluation of each claim that you consider. Your initial evaluation should include a frank assessment of the financial cost. You may reject a claim automatically when the projected cost of the case is close to maximum recoverable verdict. I tend to reject a claim unless its value is at least $500,000. These cases are too hard and too expensive to pursue without a significant reward that justifies the investment. After all, a few bad choices can bankrupt you. Take time to think about your case. Ruminate over it with your staff and make an informed choice. Associate outside counsel if necessary. Success in this line of practice depends in large part on the cases that you decline.

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