"Avoid the Most Common Mistakes When Facing a Lawsuit," Healthcare Risk Management

Posted On April 5, 2021

In an article published by Healthcare Risk Management on March 29, 2021, Partner Kelli Sullivan discusses medical malpractice defenses and common mistakes to avoid when facing a lawsuit.

“Many times, medical malpractice defendants do not secure an expert review of the records as soon as they receive notice of a lawsuit,” says Sullivan. “That is a mistake.”

Sullivan further explains that “They often wait until the plaintiff’s expert is deposed and then try to secure an expert. It is important to know within the first 60 to 90 days of a case whether you can defend the case on standard of care, causation, both, or neither. Knowing the medical pitfalls of your case can make your discovery and depositions more precise and allow you to focus on what makes your case winnable.”

It is also important to note that if the physician holds a consent-based insurance policy, an early review can help set the stage to manage expectations, she says. It is difficult to have a meaningful discussion with defendants about consent to settle without a good idea of the strengths and weaknesses of the case from a medical perspective.

For the full article, click here.