Video – Attorney Mark Kaire Discusses His First Actions In A Medical Malpractice Claim

Ray Hrdlicka – Host – Attorneys.Media

Please, I think let’s step back and let’s do that because that’s what everybody really wants to know. What happens when they contact you because they’re in an emotional state and they’re upset. So, what happens?

Mark Kaire – Medical Malpractice Attorney – Miami-Dade County, FL

Yeah. I think you will notice that lawyers that specialize in medical malpractice and a higher end quality of personal injury, we’re not a volume practice. So, you’re not going to speak to 18 different paralegals. You’re not going to speak to 18 different secretaries.

You’re going to ultimately speak to either myself or my partner once the initial phone call starts. And we’re going to take an extensive medical history to understand what the case is about. We’ve done it long enough that we have a general sense of whether or not there’s a case there or not, but whatever I think or my partner David thinks at the end of the day is not enough to carry the day.

Ultimately, we need an expert in that same field to review the case and give us an opinion that the doctor or hospital that we’re contemplating bringing a case against, the nurse, did something improper.

And that starts by, as we talked about, getting an accurate medical history or an accurate history from the patient or the patient’s family as to what transpired, then getting the medical records.

From there, the medical records are put together in order by a nurse that we work with and she’ll give us an outline and she’ll highlight certain things within the medical records.

And then we will take a look at the case again with that chronology that we have and with all the medical records and try to find the perfect expert for the case. And that is how a case begins.

So, we can send a case to one expert and as you said, it’s very subjective. So oftentimes an expert that we reach out to will tell us, no, I don’t think there was any departure from the standard of care here. I think the doctor did everything right. We may disagree with that expert and say, you know what, let’s take a look at a different expert and see if somebody views it differently.

So oftentimes, to your point, it is subjective, and we have to find an expert that will view the case a little bit differently than maybe the first expert did. So that is how a case begins and that is to your point that medical malpractice in medicine is subjective.