3.4 What to Tell the Client

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

3.4 WHAT TO TELL THE CLIENT

3.401 In General. Attorneys should avoid giving any advice about the merit of the claims in the initial interview. Attorneys may explain that they must wait until they have complete medical facts and have consulted an expert for an opinion before they can give advice. Attorneys may remind clients that they are not physicians and must rely on a physician's evaluation in order to reach a conclusion as to the merits of the claim.

3.402 Informed Consent. "Informed consent" involves a number of issues in malpractice litigation. Clients need to know the average costs and expenses of medical malpractice litigation so they will appreciate the economics of the case. Clients should know that malpractice cases are both extremely difficult to prove and costly to handle. Specifically, the cost of obtaining the initial evaluation can cost from $1,000 to $3,000. This will be an out-of-pocket expense for the attorney, which the client will need to pay back. Attorneys should get this money up front, if possible.

3.403 Reality Check. Attorneys should explain to their clients that medical malpractice cases are...