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Retaining
a Consulting Medical Expert
In
order to determine whether a viable medical malpractice case
exists, a consulting medical expert must be retained to review
the medical records involved in the patient's care. Consulting
medical experts are different than testifying experts in that
they will review the case, provide an opinion as to whether
malpractice may be proven, but they will not testify.
In Texas, the identity of consulting medical
experts is generally not discoverable by the defense. Thus,
some local physicians are willing to anonomously review medical
charts to determine if malpractice was committed. However,
just because a local physician is willing to review charts
without the medical community knowing this fact, does not
ensure that a local physician will be completely objective
in the review.
If the local physician knows the doctor involved
or is his friend, he may not be as likely to give a completely
unbiased opinion on the chart review. Thus, it is always advisable
to have an out of town physician review the case at some point
before the case is accepted.
Some attorneys like to use nurses to screen
the cases for merit. However, this attorney prefers to use
physicians, particularly physicians in the same specialty
as the physician who is alleged to have committed malpractice,
to screen his cases. This approach provides a more thorough
and accurate understanding of the issues in the case.
This is why it is important to retain an experienced
medical malpractice lawyer who has resources to have the case
properly screened for merit. Since the standard of medical
care is not written in some book, it is important to use physicians
who practice in the same specialty as the defendant doctor
to analyze the medical/legal issues in the case.
Consulting experts are not cheap. Most charge
by the hour for their review time. Some Louisiana attorneys
will not retain consulting physicians and will simply submit
the case to the medical review panel for their opinion. However,
since approximately 97% of the medical review panels are won
by the physicians, it is hard to tell whether the case truely
lacked merit. Moreover, the consulting expert can help the
attorney prepare the submission of evidence to the medical
review panel so that important and sometimes subtle medical
issues are not overlooked.
The consulting medical expert can also assist
the attorney in preparing for the deposition of the defendant
doctor. Again, thorough preparation can help determine all
of the issues in the case at an earlier stage. It is always
better for the patient and their families to know as early
as possible if the case cannot be proven in a court of law.
Consulting medical experts often provide the much needed closure
and medical explanation that the family never got in the first
place which prompted their suspicion.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
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