8.1 General Considerations

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

8.1 GENERAL CONSIDERATIONS

8.101 Plaintiff's Perspective. Negotiation is perhaps a trial lawyer's most important skill. Since most cases are ultimately settled, preparation for negotiation is critical. A favorable settlement requires maximizing and exposing a risk that the defendant seeks to avoid. To favorably settle a case, counsel must create the right environment for settlement. This requires a thorough knowledge of the case's strengths and weaknesses, complete familiarity with the medical issues and the applicable law, and knowledge of the parties and witnesses. In essence, this means investigating and preparing the case for trial.

Many considerations applicable to negotiating and settling general personal injury claims are applicable to medical malpractice cases. However, some considerations in a typical personal injury case have little or no relevance in the medical malpractice arena. This is because the value of medical malpractice cases is typically larger than all but the most serious personal injury claims. In addition to the potential value of the case, a medical malpractice trial is expensive from both the plaintiff's and the defendant's perspectives. Each side will take extensive depositions, retain expert...