Learn more about MedCounsel's case validation service
In this blog post highlighting MedCounsel's case validation service, we will provide details about our medical malpractice assessment service and list 3 of the key benefits for lawyers.
The Problem
CMPA annual reports on the outcome of claims against physicians in Canada show that approximately 57% are dismissed or discontinued; 36% are settled; 6% result in judgment for the physician; and a mere 1% result in judgment for the patient. The 37% success rate is much lower than found in other forms of injury litigation such as motor vehicle accident claims.
The low success rate of litigated claims against physicians represents a significant loss of time and money for the plaintiff lawyers. Research indicates that the prohibitive upfront cost of accessing cases and limited access to reliable expert opinion at the pivotal case validation stage contribute to the number of defensible medical malpractice claims being litigated.
MedCounsel's Solution
MedCounsel has retained institutional expertise and developed a system to deliver cost-effective case assessments to lawyers enabling informed decision-making at the outset.
Our flat-fee case validation system involves the preparation of a confidential medical merit assessment tailored to the individual needs of each client and prospective matter. The medical merit assessments are completed by our in-house physician advisor in consultation with appropriate specialists from our national network of medical experts.
Our lead physician advisor has more than four decades of clinical, research, teaching, and administrative experience in academic health centres, tertiary care, and community hospitals throughout Canada—including executive roles in regional health systems.
i. What does MedCounsel’s case validation service entail?
MedCounsel adapts the process and deliverables of a medical merit assessment to the specific demands of each client and their case. However, the available deliverables include:
(a) an index of material medical records;
(b) a chronology of key medical events;
(c) comprehensive analysis of medical evidence on liability and causation;
(d) identification of additional medical literature for review by counsel; and
(e) a set of expert witness recommendations by medical specialty and/or subspecialty.
ii. Why do law firms use MedCounsel's case validation service?
Law firms leverage our case validation service to deliver elite client service; mitigate risk arising from contingency fee agreements; and grow their medical negligence practices.
1. Deliver elite client service
The findings of a medical merit assessment enable lawyers to provide strategic advice informed by multi-disciplinary expertise at a critical juncture for prospective litigants.
If litigation is recommended, lawyers are well-positioned to develop a winning litigation strategy for their client. If litigation is not recommended, lawyers can demonstrate due diligence and offer clients some comfort or closure from the answers provided.
In addition, many individuals are unable to find representation for medical negligence claims. Lawyers can generate income for their time in handling these inquiries by offering a MedCounsel case assessment at a cost inclusive of a fee their time. This empowers lawyers to develop an additional income stream while addressing a clear market need.
2. Mitigate Risk of Contingency Fee Agreements
MedCounsel’s case validation service is designed to increase transparency about medical errors and mitigate the risk associated with medical malpractice litigation.
Advancing unsuccessful claims is a long and expensive process. The average successful medical malpractice action against a physician will span 7-years and may require the plaintiff or their counsel to fund more than $100,000 in disbursements.
MedCounsel’s case validation service helps firms avoid the significant financial impact associated with advancing an unsuccessful medical malpractice claim.
3. Grow medical negligence practice
An effective case triage system enables lawyers to distinguish the relative strength and value of all medical malpractice inquiries and to make informed decisions before signing new clients and allocating resources to a prospective matter.
In addition to mitigating risk, this Informed decision-making at the pivotal case evaluation stage helps lawyers optimnally allocate their resources and focus toward developing their strongest and most valuable claims. This increased efficiency maximizes return on investment and facilitates growth of their medical negligence practice.
iii. How to Initiate MedCounsel's Case Validation Service?
For the convenience of our clients, we have developed a case assessment request form which they can complete online to initiate our case validation process.
The case assesment request form provides basic information we need to clear conflicts. Upon confirmation, we will provide a secure folder to share records material to our assessment.
Our case assessment request form can be found here: Case Assessment Request Form.
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