How Med Mal
We have a number of medical malpractice attorneys, both plaintiff and defense, in the CaseMetrix network and they frequently utilize the data in our existing motor vehicle, trucking and premises liability databases to argue the value of an injury or even a death arising out of a med mal setting. For example, if you have a med mal case involving the death of a plaintiff within a certain age range, we understand you’ll argue liability & standard of care, but we can provide data to show how juries and insurers have valued the loss of life within that demographic. This can be particularly challenging in cases involving deaths of very young individuals and those of advanced age, so the data can take away some of the guess work.
We recently assisted a mediator in an opthamological med mal mediation involving the loss of an eye. By researching cases involving the loss of a single eye and loss of vision in a single eye, we were able to provide data showing values on that particular injury. Using that data, they were able to resolve a case which appeared to have reached an impasse.
Defense attorneys are called upon by insurance carriers to evaluate medical malpractice cases and this ultimately helps the carriers properly set reserves. Of course, this also helps defense counsel obtain adequate authority to settle cases that shouldn’t be tried for any number of reasons. As defense carriers receive time-limited demands, there is added pressure to properly evaluate these cases to better evaluate the risk. We are frequently called upon to conduct research in these situations.
Plaintiff’s attorneys not only use CaseMetrix data to negotiate a fair settlement in a med mal claim; they also use the data to manage their own client’s expectations. Showing a client a number of similar cases resolving at or below defense counsel’s current offer can make a plaintiff feel better about the decision to compromise.