In Seven Costly Mistakes Attorneys Make With Medical Negligence Cases, Dr. Burton Bentley of Elite Medical Experts LLC writes:
Although the rate of negligence claims against medical providers has begun to level off, the cost of litigating these actions has risen dramatically. Vast amounts of time and money are lost when attorneys – whether retained by plaintiff or defense – pursue a non-meritorious case or litigate a worthy case inefficiently. Beware of the following costly errors:
MISTAKE #1: FAILING TO THOROUGHLY ANALYZE A CASE BEFORE ACCEPTING IT.
Every experienced litigator knows that medical negligence cases are rarely as simple as they may appear. Complex subject matters, debatable standards of care, and precarious links to causation often conspire to sabotage both plaintiff and defense. The essential key is a meticulous and realistic analysis of the elements of negligence in order to develop a strategic plan. Hiring an “expert” that simply reinforces your own preconceptions is a sure road to disaster. Indeed, successful attorneys know that a negative or contrary opinion from an expert is often more valuable than a positive one. With so much at stake, the quality of your expert is one of the most important factors in achieving success
.