Monday, November 3, 2014

TEN (10) BEST LEGAL MED. MAL. PRACTICES: "BEST 10" MARYLAND ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."
[For informational purposes only; not intended to be legal advice]
There is little doubt that medical malpractice claims can be among the most difficult cases to deal with.  The medical issues as well as the law involved can be complex, complicated, confusing, and even outright intimidating to victims, doctors, lawyers, experts, judges and, of course, juries.  These cases are also typically very expensive to pursue and to defend.  Few of these cases are "sure things."
Experts, by the way, are required in these cases.  Generally, no expert --- no case.
Simply put, attorneys and clients cannot approach medical malpractice cases in the same way as they would any other claim or lawsuit.  In fact, the vast majority of attorneys will certainly think at least twice before accepting and taking on the challenge themselves of prosecuting or pursuing a medical malpractice case.  It is, in fact, a legal specialty area.
A few key points to follow and remember in bringing a medical malpractice case are as follows:
  1. "Do not bite off more than you can chew."  These cases are complicated and expensive, so measure carefully, think about it at least twice before going forward, and consider other avenues of redress before the pursuit.
  2. Engage in careful research to make sure you understand the medical condition or medical procedure involved.
  3. Consult (on a courtesy basis) with knowledgeable colleagues (legal or otherwise) as sounding boards about the potential case ("PC").
  4. Learn and clearly understand the applicable medical guidelines and standards of care for your potential case and facts.
  5. Do verdict and settlement comparability research to get a good sense of the potential risks as well as case value.  This will help in assessing the cost-benefit, etc., of bringing a claim.
  6. Do background and other factual research on all parties involved (including, of course, your client).  Occasionally, you will be surprised by the helpful information and/or data you discover.
  7. Research and develop a fundamental and sound understanding of the relevant legal issues involved in the facts of your potential medical malpractice case.
  8. Research, locate and secure the properly-qualified expert witnesses to review, advise, and work with you on the case.  Caveat: They are generally expensive.
  9. Gather a good team to do your case.  You will need, and appreciate, their support.
[Attorney Charles Ware is a founding principal partner in the Maryland-based national medical malpractice law firm of Charles Jerome Ware, LLC, Attorneys & Counselors.  He can be reached at (410) 720-6129 or (410) 730-5016 for an initial courtesy consultation]

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