Why Sue a Doc?

What influences a lawyer’s decision to take a med mal case? Obviously there has to be an adverse outcome, but what else makes the potential client’s situation seem like a good case?

Two lawyers who represent defendants examine this topic in an article aimed at medical professionals, to help them avoid making themselves into attractive defendants. James W. Saxton & Maggie M. Finkelstein, How a Successful Litigator Decides Whether or Not to Sue You, Medical Practice Management, Sept.-Oct. 2007, at 90.

Lawyers will look at how to use the presence or absence of documentation, communand the plus factor as well as witness credibility. Your documentation, communication, and service are your evidence that can support your care but also prevent attorneys from taking on cases with bad outcomes. It is time for medical practices to significantly change their liability equation, and fortunately they can [by adopting the strategies discussed in this article]. In addition, these strategies are also good for patient care.

Id. at 93.