2007 PLUS MEETING
Anatomy of a Claim - From Both Sides
M. Anthony LuttrellMay 2007
Presented by2007 PLUS MEETING
Seattle, Washington Director, Northwest Regional Office
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How Plaintiff Attorneys Obtain Clients (It’s a Numbers Game)• Referrals from Past Clients
• Referrals from Other Attorneys
• Advertising (Based on Venue Laws)
• Local Bar Associations
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Selecting Clients
• Receives anywhere from 75-100 Telephone Calls per Month
• Looks for the Three Elements: Liability, Causation and Damages
• May Choose Only 5 Cases per Month• Calls Client in for In-person Meeting
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• Conduct Preliminary Investigation
• Obtain Copy of Pertinent Medical Records
• Meet Briefly with Potential Experts
• If Experts are supportive of malpractice claim, send out Notice of Intent to Sue or file suit.
Signing the Retainer
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Claim or Incident
What is a Claim?• A Claim is a Demand for Monetary Damages• May be in the Form of a Demand Letter from Plaintiff a Notice of
Intent to Sue or a Lawsuit
What is an Incident?• An Incident is an Event that may lead to a Claim
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Management’s Role
• Evaluate for coverage• Assign to Claims Specialist• Set initial reserve• Monitor future activity• Participate in evaluation of claims• Provide settlement authority when
applicable
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Conduct Preliminary Investigation– Obtain Copy of Records– Contact Plaintiff’s Attorney – Meet with Insured (Interview)
Claim Representative’s Role
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Obtain Expert ReviewRefute Liability Or Attempt Resolution
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Plaintiff’s Settlement Demand – Why?
• Any interest from the Defense?
• Statutory Considerations
• Save Litigation Costs if Matter Resolves Earlier
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• Obtain Consent if Settlement is Contemplated
• Obtain Settlement authority
• Attend Informal Settlement Conference or Mediation
Claim Representative’s Role Continued
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Claim Representative’s Role Continued
– If Litigation Follows
– Retain Defense Lawyer
– Monitor Reserves as needed during Litigation
– Evaluate Exposure as Discovery/Lawsuit proceeds
– Claim Representative is given written Summaries of all Depositions/Material Developments in Case
– Defend vs. Settle is a constant throughout litigation process
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Pleadings:• Written response to complaint/allegations and present
affirmative defenseExchange of Written Discovery
• Acknowledge/Confirm undisputed factsDeposition Phase
• Testimony of all pertinent witnesses, including Defendant (doctor) and Plaintiff (patient)
Stages of Litigation
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Stages of Litigation Continued
Expert Deposition
• Testimony of all retained (paid) experts who render opinions regarding liability
Pre – Trial
• Judge determines what evidence is admissible (can be presented to the jury)
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Trial• Case is presented to Judge, Jury or
Arbitrator to determine negligence, causation and damages
Post – Trial• Judge decides if law was applied correctly
when the verdict is achieved.
Why We Care? • “The Best Offense is a Good Defense”
• Knowing Plaintiff Attorney’s Strategy Can Determine Our Best Course of Defense
• Action Without Knowledge Often Leads to Untoward Outcomes
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Questions and Answers
Thank You,M. Anthony Luttrell
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