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Med Mal Litigation

By Kevin Quinley

Imagine that you are a physician defendant in a medical malpractice trial that is set to start in two weeks. Settlement talks have fizzled. The plaintiff's demand is ridiculously high. With your defense attorney ' who was hired by your medical malpractice insurer ' you have evaluated the case up and down, front, back and sideways. You've thoroughly analyzed liability, damages and the trial venue. You have huddled with the insurance company claims adjuster, who is willing to take the case to trial. The lawyer your insurer hired for you seems nice, but in the pit of your stomach you have your doubts and just are not sure. You have reviewed in your mind every angle on the case, its percentage odds of winning and losing, the potential verdict range if lost, and have covered all the bases. Still, as you lie awake at night, tossing, turning and worrying about the upcoming trial, you wonder, 'Do I have the right lawyer?'

This question is not aimed at you as a professional, but it might be hard not to take it that way.

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