3.7 Action before Initial Meeting

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

3.7 ACTION BEFORE INITIAL MEETING

3.701 In General. After the case has been referred to the attorney and before the initial client meeting, the following actions are recommended.

3.702 Contacting Insurer. If the case is referred from an insurance carrier or self-insured entity, counsel should request any material generated by the claim representative, risk manager, or in-house counsel. That material may be helpful, particularly if a claim was asserted or investigated before suit was filed. Often, the claim representative or risk manager has met with the health care provider when the claim was initially reported to the carrier in anticipation of litigation. This meeting may have occurred in close proximity to the medical treatment in question, so obtaining information about such an interview would be helpful and may help refresh the client's memory. Based on a review of the available medical records and other documents provided, counsel should begin to consider an appropriate responsive pleading, such as an answer, grounds of defense, demurrer, plea in bar, motion for summary judgment, or motion for bill of particulars.

3.703 Contacting Plaintiff's...