Thoughts on what medical professionals should consider when seeking legal defense
When a medical professional faces the possibility of being drawn into a medical negligence action, the feeling is most often overwhelming. Whether one is in a subspecialty of neurosurgery, or a licensed practical nurse, the questions can be too numerous to count. Often, one fears that one does not even know what questions to ask.
It is imperative that medical professionals get prompt and highly competent legal counsel, even if an action is just in a stage of being threatened. You can have a role in selecting your legal counsel among “panel counsel” from many insurance carriers or medical companies who hire medical professionals and provide insurance. Medical professionals should be proactive for their own best interests, and perform due diligence; the choice of legal counsel is so important.
One factor to consider is demonstrated competence. Another is mastery of the area of practice.
We are proud to confirm that Richard Hickey, Managing Partner of Hickey & Associates LLC, was asked by the Illinois Institute for Continuing Legal Education (“IICLE”) to write an extensive chapter on some of the most important issues for the defense of a medical malpractice case. This chapter has now been completed and will soon be released as part of an IICLE publication.
This publication is a detailed analysis of the issues in the law that are important to one’s defense if one is caught up in such a case. For example, many practitioners do not know that there are obligations upon a plaintiff with regard to the service of summons on a defendant. Was service of process correct? Was it timely? Is there a proper report of a qualified health professional? What goes into analyzing what is needed in a report? Does one have a statute of limitations defense? These and many more significant issues are examined in depth.
This 90+ page publication was drafted to help other attorneys and legal professionals understand the issues and defenses. It is designed to raise awareness of these defenses and whether they would apply in a particular case. Mr. Hickey’s prior publications have been cited by judges in making rulings. This publication is designed to provide similar guidance. If anyone has an interest in learning more about this publication, the topics addressed, or just concerns about a thoughtful defense, please contact us.