Medical Malpractice: Starting a Lawsuit

Attorney Gerald OConnor

Over 35 years I’ve probably reviewed and evaluated thousands upon thousands of malpractice claims.  And basically when somebody contacts me to see if I want to represent them or evaluate their case I ask them to send in a narrative or an outline of what their case is about.  Probably within three minutes of reading it I can tell you whether or not I think there’s a case; or is it worth while bringing the client in for the next step which is a personal interview and evaluation.

We have in our office a medical library that most doctors do not have in their own medical practices.  We have seen so much malpractice that when we evaluate the case and believe there is a case we will gather all of the records and we’ll send them out to experts, men and women who are board certified in the area of specialty involved with the potential defendant doctor.

And if the expert reports back there’s no case, if in my experience I have seen a case based upon the exact same set of facts and circumstances I will ignore that opinion and go out and send it to another doctor.  There have been occasions where I have sent this case or a given case out to three or four experts because I knew based upon my experience those same set of facts have represented a legitimate malpractice case in the past.

I can’t tell you how many times we’ve been proven correct.  It’s that experience that will tell me if there is malpractice.  The experience sometimes is even better than the experts that we send the cases too.

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