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How a successful litigator decides whether or not to sue you
James W Saxton1, Maggie M Finkelstein
1Stevens & Lee Health Law Department, Stevens & Lee, 25 North Queen Street, Suite 602, Lancaster, PA 17608-1594, USA. jws@stevenslee.com
The Journal of Medical Practice Management : MPM
|November 3, 2007
Summary
Understanding why plaintiff lawyers pursue medical malpractice lawsuits can help healthcare providers reduce their risk of being sued. This knowledge aids in developing defense strategies and favorable evidence if a suit is filed.
Area of Science:
- Medical Law
- Healthcare Risk Management
- Legal Medicine
Background:
- Medical malpractice litigation poses significant risks to healthcare providers.
- Understanding plaintiff motivations is crucial for risk mitigation.
Purpose of the Study:
- To elucidate factors motivating lawyers to initiate medical malpractice suits.
- To provide strategies for healthcare providers to minimize litigation risk.
- To guide the creation of favorable evidence for defense.
Main Methods:
- Analysis of legal case initiation factors.
- Development of risk reduction strategies.
- Guidance on evidence preparation for defense.
Main Results:
- Identifying key 'pluses' that trigger lawsuits.
- Strategies to decrease the likelihood of being named as a defendant.
- Methods for cultivating supportive evidence.
Conclusions:
- Understanding plaintiff lawyer incentives is key to reducing medical malpractice litigation risk.
- Proactive strategies can enhance a provider's defense position.
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