Set Your Medical Malpractice Defense Up For Success Through Early Evaluation

Ringing in the new year brings opportunities to reflect upon the past year and make resolutions to better ourselves in the new one.

In 2022, healthcare systems facing medical malpractice claims should consider adding a new resolution to their list: committing to investing in early-stage claim assessments so that they may be resolved quickly and in a cost-effective manner.

For each medical malpractice claim they face, it is crucial early on in a case to assess the standard of care, causation, and damages.

It’s not uncommon for defendants and their counsel to experience regret at the conclusion of the case for not more thoroughly evaluating these three measures at the outset. Each is important for equipping counsel with the information needed to make decisions about the case.

For example, no defendant wants to settle claims for more than they’re worth, to try a case that should never have reached a courtroom or settle when a case should be tried. For each of these scenarios, early investigation is key.

At Med Law Advisory Partners, our team has the expertise needed to conduct thorough medical record reviews. Our consulting nurse experts use their skills to research the standard of care and identify any deviations from it in the delivery of patient care.

If deviations exist, the legal nurse consultant determines whether those deviations are relevant to the facts of the case and offers counsel an informed opinion on it.

Once the legal nurse consultant has weighed in on the standard of care, he or she, along with the team, investigates whether the elements of negligence have been met. Consulting nurse experts can be instrumental in proving or disproving whether any breach caused the injury claimed and the extent of any damages.

Specifically, he or she can determine the proximate cause, the result that directly produced an event that would not have otherwise occurred. In medical cases, the event is usually a physical injury or harm. The legal nurse consultant identifies the factors that directly contributed to the injury or harm from the record and other evidence.

Early valuation of a claim can dramatically impact the expenses in a medical negligence/malpractice case. Legal nurse consultants play a key role in assessing the extent of any damages and helping value the claim, which in turn can help determine whether the parties want to settle early or proceed to trial. Early settlement often saves money for all parties involved.

In addition to claims assessments, our team may also be engaged to develop strategy on possible outcomes of a claim and provide executive consulting to the healthcare team to help minimize risk for future similar claims.

Contact us today to learn more about how early engagement can work to your benefit in your medical malpractice matter.

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