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Medical Malpractice Law & StrategyLJN NewslettersNewsSections

Revisiting Pretrial Protocol and Procedure

By Michael Brophy
May 28, 2004

In last month's issue, we discussed the defense problem of increasingly high med-mal verdicts. This month, we explore strategies that defendants anticipating their personal day in court should consider if they hope to buck the trend toward high jury verdicts in medical malpractice actions.

Counsel experienced in the defense of medical malpractice cases generally retain medical defense experts early in the litigation, to assist with the course of discovery and interpretation of medical records. The insight and expertise provided by such consultants is often a factor in the formulation of discovery requests. None of this is new; it is clearly standard operating procedure in the defense of medical negligence claims.

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