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Surviving the Medical Malpractice Claim

By Kevin M. Quinley
July 02, 2014

NFL Commissioner Roger Goodell confidently strides to the podium, opens an envelope and intones, “With the number one pick in the 2014 NFL draft, the Houston Texans select ' ” Millions of eyes watched the latest NFL draft to see players picked by different teams and to critique those choices. Truth is, millions of dollars and reputations are at stake in making sound selection decisions.

In this respect, the NFL draft has much in common with selecting defense counsel in medical malpractice cases. Like any NFL franchise, the physician and medical malpractice insurer want to make sure that they make sound “first-round draft picks.” These picks can be successful or they can be a bust. Making bone-headed selections can cost millions of dollars in professional reputations if an attorney ends up mishandling a medical malpractice case.

Successful defense of a medical malpractice case is a team effort. While the defendant physician is the focal point, a key team member is the defense attorney who will defend the physician and the standard of care exhibited in the case. Thus, a key step in surviving and winning a medical malpractice lawsuit is wisely choosing the defense attorney who may ultimately enter a courtroom on the physician's behalf to defend what the practitioner did or did not do.

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