The stakes in medical malpractice cases are very high. Attorneys should provide their clients with an advance description of the litigation process to empower their clients and reduce anxiety associated with litigation.
1
A description of the litigation process reduces stress.
When a patient is injured as a result of medical malpractice, usually a litigation represents his only opportunity to remedy what amount to catastrophic consequences that have altered his life and the lives of his loved ones. Simultaneously, most people are entirely unfamiliar with litigation. The stakes are tremendously high, and this uncertainty creates a great deal of stress. For this reason, a detailed explanation of the process can greatly reduce a client's anxiety level.
2
A description of the litigation process empowers a client to be in a position to evaluate the performance of an attorney.
If a client knows in advance what to expect during the different stages of a litigation, and how each stage is relates to the others, he will be in a better position to judge the substance of what an attorney is doing.
3
A description of the litigation process provides a client with better understanding of his role in the litigation.
When a client knows the different stages of a malpractice litigation, and how these stages relate to each other, he has a greater understanding of his role in a litigation. For example, a client who understands that experts base their testimony (in part) on a patient's deposition testimony and paper discovery responses, will understand the importance of these procedures.
4
A description of the litigation process provides a client with a guideline to judging how close he is to the resolution of his case.
Clients are often frustrated about the length of a medical malpractice case. This is entirely understandable given how important the outcome is. Giving a client a guideline of the process allows a client to judge for himself how close he is to the end of a case which helps prevent frustration.
5
A description of the litigation process will provide a client with some idea of when thing are moving too slowly.
If a client understands what has to be done during the various phases of a medical malpractice case, they have a better ability to hold an attorney accountable when unnecessary delays occur.
