Clearly wrote:FutureLitigator wrote:Clearly wrote:I don't think it will have any bearing on your ability to practice med mal, or really even to attract clients. I'm no med-mal expert, but its all based on standard of care. You don't need to prove the doctor messed up, you need to prove the doctor messed up worse than other doctors, or did something other doctors don't do, or failed to do something other doctors would have done. The standard of care is always changing, and is very specialty specific, and even regionally specific (although shifting towards a national standard). Without lots of practical field experience in the same specialty, around the same time, and possibly in the same region, you won't really have any more guidance in picking clients than an ordinary lawyer would.
What I was referring to was that I would actually know which cases were Med Mal. You can't subpoena until you file a case, so how can I get expert opinion if I don't have the records for an expert to look at, or to get the expertise for cases I don't plan on filing? Yes, I can have an in-house MD or go to guy for all of this, but how can I rely on having experts look at 100s of cases I don't plan on taking, or to pick the right ones for me? I mean but Med School ain't gonna do that for me neither, lol. I guess it will have to come from repetition,
I am talking about a solo practice & I wouldn't necessarily want to spend my resources on experts for cases I won't take in the first place, unless I know there is something there where me paying for experts will pay off
I'm not sure you need to subpoena to get information. I'm not positive about this, but I suspect most of the medical records you would need to decide to pursue a case can just be requested by your client under HIPAA
Exactly - the provider has to give the medical records pre-suit (though sometimes they still delay like crazy). The one medmal case I've done, we obtained all the medical records. We then hired experts pre-suit and had them draft reports before we filed (mostly because of the requirements in our state for expert reports).