2007 PLUS MEETING

Anatomy of a Claim - From Both Sides

M. Anthony LuttrellMay 2007

Presented by2007 PLUS MEETING

Seattle, Washington Director, Northwest Regional Office

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How Plaintiff Attorneys Obtain Clients (It’s a Numbers Game)• Referrals from Past Clients

• Referrals from Other Attorneys

• Advertising (Based on Venue Laws)

• Local Bar Associations

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Selecting Clients

• Receives anywhere from 75-100 Telephone Calls per Month

• Looks for the Three Elements: Liability, Causation and Damages

• May Choose Only 5 Cases per Month• Calls Client in for In-person Meeting

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• Conduct Preliminary Investigation

• Obtain Copy of Pertinent Medical Records

• Meet Briefly with Potential Experts

• If Experts are supportive of malpractice claim, send out Notice of Intent to Sue or file suit.

Signing the Retainer

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Claim or Incident

What is a Claim?• A Claim is a Demand for Monetary Damages• May be in the Form of a Demand Letter from Plaintiff a Notice of

Intent to Sue or a Lawsuit

What is an Incident?• An Incident is an Event that may lead to a Claim

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Management’s Role

• Evaluate for coverage• Assign to Claims Specialist• Set initial reserve• Monitor future activity• Participate in evaluation of claims• Provide settlement authority when

applicable

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Conduct Preliminary Investigation– Obtain Copy of Records– Contact Plaintiff’s Attorney – Meet with Insured (Interview)

Claim Representative’s Role

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Obtain Expert ReviewRefute Liability Or Attempt Resolution

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Plaintiff’s Settlement Demand – Why?

• Any interest from the Defense?

• Statutory Considerations

• Save Litigation Costs if Matter Resolves Earlier

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• Obtain Consent if Settlement is Contemplated

• Obtain Settlement authority

• Attend Informal Settlement Conference or Mediation

Claim Representative’s Role Continued

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Claim Representative’s Role Continued

– If Litigation Follows

– Retain Defense Lawyer

– Monitor Reserves as needed during Litigation

– Evaluate Exposure as Discovery/Lawsuit proceeds

– Claim Representative is given written Summaries of all Depositions/Material Developments in Case

– Defend vs. Settle is a constant throughout litigation process

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Pleadings:• Written response to complaint/allegations and present

affirmative defenseExchange of Written Discovery

• Acknowledge/Confirm undisputed factsDeposition Phase

• Testimony of all pertinent witnesses, including Defendant (doctor) and Plaintiff (patient)

Stages of Litigation

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Stages of Litigation Continued

Expert Deposition

• Testimony of all retained (paid) experts who render opinions regarding liability

Pre – Trial

• Judge determines what evidence is admissible (can be presented to the jury)

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Trial• Case is presented to Judge, Jury or

Arbitrator to determine negligence, causation and damages

Post – Trial• Judge decides if law was applied correctly

when the verdict is achieved.

Why We Care? • “The Best Offense is a Good Defense”

• Knowing Plaintiff Attorney’s Strategy Can Determine Our Best Course of Defense

• Action Without Knowledge Often Leads to Untoward Outcomes

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Questions and Answers

Thank You,M. Anthony Luttrell