Medical Malpractice Case Screening: Knowing When to Keep the Case, and When to Refer It (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $140 (Includes a downloadable audio version.)
Viewable Through: 8/31/2021

Information

A pre-recorded streaming video replay of the August 2018 webcast, Medical Malpractice Case Screening: Knowing When to Keep the Case, and When to Refer It.


Topics Covered

Malpractice litigation is a high-stakes endeavor. Thousands of dollars often must be invested, and there are treacherous waters to be navigated. Yet some cases settle for seven figures before experts are even identified. Knowing how to evaluate cases coming in your door will help you serve your clients well, and can be a tremendous asset to your practice.

  • Understand the risks and rewards for handling a medical malpractice case
  • Establish a screening process to ensure it is a case you can handle
  • Learn to identify and avoid common traps that catch the uninitiated

Malpractice cases present unique challenges because they are expensive to litigate; they involve complicated medical vocabulary unfamiliar to most lawyers; solid cases may not settle due to consent clauses in liability insurance contracts; and procedural hurdles create many traps for the unwary. The key to success is sound case selection. While it is difficult to dabble in malpractice, some cases can be handled effectively by a general practitioner. Other cases are deep waters into which only experienced swimmers should dive.

In this course, our speakers will provide a template for you to screen cases—to test the depth of the water before you find yourself struggling. For the case that needs to be referred, you will learn how to set up referral fees and partner with experienced practitioners. For the case you can keep, an overview of the most dangerous procedural problems will be covered, so you can address them if you decide to go it alone.

Among the topics to be covered:

  • Call screening and intake—what questions to ask and why to ask them
  • Common medical malpractice cases not to file, usually
  • How much does it cost to win a malpractice lawsuit?
  • How do you determine chances of winning a malpractice lawsuit?
  • How important is it to screen expert witnesses?
  • Expert identification—when and how
  • How does the certification requirement really work?
  • Traps for missing potential defendants before the statute of limitation expires
  • What role does medical literature play in choosing cases?
  • Should you accept a case in which the injury was caused by a so-called “risk of the procedure”?
  • Establishing referral fees
 
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Schedule

Faculty

ABOUT THE SPEAKERS

Malcolm P. McConnell III, Allen, Allen, Allen & Allen / Richmond

Malcolm "Mic" McConnell is the lead medical malpractice attorney at Allen, Allen, Allen & Allen.  He has settled or tried cases in virtually every medical specialty since he began practicing law in 1987.  He has been rated by other attorneys as Martindale-Hubbell AV, the highest rating available for competency and ethics.  He has been listed in Virginia’s Super Lawyers every year since 2006 and in Best Lawyers in America every year since 2007.  Best Lawyers in America named him Richmond’s Medical Malpractice Lawyer of the Year in 2013 and 2016.

Mr. McConnell is one of the few attorneys in America who is Board Certified in Medical Malpractice Law, by the American Board of Professional Liability Attorneys. He also serves on the Board of Governors of the ABPLA.  He is also an active member of the Virginia Trial Lawyers Association, is chair of the Medical Malpractice Legislative Subcommittee, and serves on VTLA’s Board of Governors.

Mr. McConnell frequently lectures to medical professionals and to lawyers on issues of medical malpractice law and trial advocacy and serves on the faculty of the Virginia College of Trial Advocacy.    He also helped write and lobby on behalf a new law to extend time limits for cancer victims to file medical malpractice suits to ensure their rights do not expire before they are aware of their illness.

Derrick L. Walker, Allen, Allen, Allen & Allen / Richmond

Derrick Walker is a trial attorney at Allen, Allen, Allen & Allen and a member of the medical malpractice team.  He has handled a wide variety of medical malpractice claims across a wide cross-section of medical specialties.  He is the lead nursing home negligence attorney at the firm.  He has been rated by other attorneys as Martindale-Hubbell AV, the highest rating available for competency and ethics.  He has been listed in Virginia’s Super Lawyers and in Best Lawyers in America.

Mr. Walker serves on the Virginia Trial Lawyers Association’s Executive Council as its parliamentarian. He also serves on the Board of Governors of the American Association for Justice and is the current chair of the AAJ’s Minority Caucus.  He is also a member of the prestigious Melvin Belli Society.  He frequently lectures to trial lawyers on issues involving trial advocacy, case framing, and legal ethics.

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