The Secret to Assessing Merit: Use the Three Questions

What if:

• I was the doctor

• It was my parent

• I had to teach this

My secret to assessing whether a MedMal case has merit (𝗮𝗻𝗱 𝗶𝘁'𝘀 𝗻𝗼𝘁 𝗽𝗲𝗿𝘀𝗲𝘃𝗲𝗿𝗮𝘁𝗶𝗻𝗴 𝘁𝗼 𝗮 𝗳𝗮𝘂𝗹𝘁)


After reviewing every case, I ask myself 3 questions:

1. How would I respond if I was the clinician?
2. How would I feel if my parent was the patient?
3. How would I teach this medicine to my residents?

If the answers are negative, my mind is made up

If the answers are positive, my mind is made up

If the answers are unclear, then mitigating factors might exist (𝙖𝙣𝙙 𝙩𝙝𝙚𝙮 𝙢𝙪𝙨𝙩 𝙗𝙚 𝙛𝙡𝙪𝙨𝙝𝙚𝙙 𝙤𝙪𝙩)


Then I tell the attorney where I stand

Followed by why I stand there

And then I await instruction


In the end:

Too many overcomplicate medical malpractice reviews

Duty - Breach - Causation - Damage

Focus on the medicine provided

And the rest will fall into place

𝙄𝙨 𝙞𝙩 𝙥𝙤𝙨𝙨𝙞𝙗𝙡𝙚 𝙩𝙤 𝙗𝙤𝙩𝙝 𝙤𝙫𝙚𝙧𝙘𝙤𝙢𝙥𝙡𝙞𝙘𝙖𝙩𝙚 𝙖𝙣𝙙 𝙤𝙫𝙚𝙧𝙨𝙞𝙢𝙥𝙡𝙞𝙛𝙮 𝙨𝙤𝙢𝙚𝙩𝙝𝙞𝙣𝙜?