|Articles|April 24, 2000

How plaintiffs' lawyers pick their targets

Two top malpractice attorneys explain why some physicians are more likely to get sued. Basically, its a business decision, but some personal factors--like a doctors arrogance or poor bedside manner--can also weigh heavily.

Malpractice Briefing

How plaintiffs' lawyers pick their targets

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Choose article section... Choosing "good" cases and screening out "bad" ones Weighing legal expenses against potential damages Why it pays to keep the case simple Settling a case vs telling it to the judge Why some doctors are more likely to get sued Why arrogant doctors are the ones who lose Looking for the "incendiary device" that inflames the jury Expert advice on how

 

Two top malpractice attorneys explain why some physicians are more likely to get sued. Basically, it's a business decision, but some personal factors—like a doctor's arrogance or poor bedside manner—can also weigh heavily.

Attorneys Jeffrey Allen and Alice Burkin are experts at suing doctors. They've been representing medical malpractice plaintiffs for more than 15 years as partners at the Boston firm of Lane Altman & Owens. Unlike many personal injury lawyers, they don't solicit business through ads in the Yellow Pages. Instead, they get their clients via word-of-mouth recommendations or referrals from other lawyers. They handle every case as a team, from the initial client interview to the depositions, settlement negotiations, and, if necessary, trial.

Last winter, at a CME seminar on liability prevention sponsored by Harvard Medical School, Allen and Burkin gave a joint presentation entitled, "What the plaintiff's attorney considers before suing you." Not surprisingly, the physicians in the audience paid close attention.

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