Medical Malpractice
February 13th, 2009Medical Malpractice suits concern the negligence of the Physician or Surgeon in performing his duty to the patient with the skill and care required of them. Medical Malpractice cases are still at a nascent stage in our country. When a client comes to a lawyer for advice on filing a medical malpractice claim the following steps must be taken first.
This effort is made to assist Medical Malpractice lawyers and in providing in depth information on Medical malpractice law to every one.
Personally interview the client if the case has merit and ask questions in depth. Determine early if he or she is trustworthy and truthful. Ascertain if the prospective client is merely vindictive, or possibly seeking to defeat a claim on the part of a physician or hospital for services rendered. Avoid fraudlent people.
A medical malpractice case is serious case. As a medical malpractice lawyer, if you encounters a prospective client who appears to be less than truthful, great care should be taken in proceeding further. Possibly the injury caused, produced an emotional problem that can explain the client’s apparent lack of trustworthiness.
Lawyers have encountered situations in which the client has stated a certain set of facts to be true, but while giving a deposition, lawyers learn that the client has been lying. In such cases the attorney should offer to withdraw and allow the client to serve as his or her own attorney. If the client refuses, the attorney can ask the court to be relieved as counsel.
observe the client carefully to see if there is visible residual permanent injury. Generally, court is not interested in giving any money unless there is visible residual permanent injury.
See if the case of the client shocks you as an Attorney. If it does not then court also will not and there is no point in proceeding with the case.
In the first interview you must evaluate the bona fides and appearance of the prospective client. If you find that the client has a
legitimate and meritorious claim, with objective evidence of injury and residual damage, proceed further with the investigation. Otherwise advise them to drop the idea.
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