| Medical and Surgical Malpractice | |
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Investing. - Be certain before embarking on a costly journey At least 19 out of 20 enquiries are ill-founded or have fatal flaws Disbursements to trial are measured in $tens of thousands - Canadian Medical Protective Association has $1 billion in reserves Standard of Care - clinical assessment, investigations, diagnostic (timeliness and ..competence) - consent: informed patient, signed consent - treatment appropriateness, timing, technique - complications expected, when recognised, how managed Causation - differences between medical and legal causation and their significance - res ipsa loquitur? - natural history - outside expected outcome range Quantum of Damages - attributable and nonattributable outcomes - specific functional limitations - short-term and long-term Litigation Strategy - identify both plaintiff and defence strategies - address weak links early Pre-empt likely defences Weakest link first Expert Opinions Questions to be addressed Critique of format and content Rebuttal Examinations for Discovery - critical questions to ask - questions contingent on possible answers - critique transcript for deficiencies, weaknesses Central medical contentious issues Wording for crucial questions Settlement not Judgment (Canadian) - be prepared to go to trial but aim at settlement - 30% settle - 95% of plaintiff successes are settlements, not judgments - Success at trial only 1 in 5 |
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