Practice Areas
Blog 
General
- Panel Sparks Controversy Again with New Prostate Cancer Screening Guidelines
- Doctor Misdiagnoses Woman and Fails to Complete Full Examination; Woman Dies Days Later!
- Study Finds Hospital Acquired Infections Greatly Impact ICU Deaths
- Medical Malpractice and Res Ipsa Loquitur: An Explanation
- Medical Malpractice Liability and Nurses; Why Nurses are being sued More and More Often
News
Posted on 5/17/2012
Posted on 4/27/2012
Posted on 11/14/2011
Posted on 8/1/2011
Posted on 7/9/2011
Library
General
- Discover how you can win your lawsuit by taking Three Simple Steps in Kingston, New York
- How I learned a lesson in life from a shyster lawyer
- The Day My Hero Died
- Discover how you can get the special services for your disabled child in an Individualized Education Plan in Kingston, New York
- Discover how you can get top-notch health insurance for your family for less than $200 a month in Kingston, New York
Why almost every case is won or lost before the lawsuit is filed
A: In the 1985 classic movie, Wall Street, the infamous Gordon Gekko gave sound advice to his protege concerning his strategy for success in business. Gordon Gekko, quoting an ancient Chinese philosopher, told his aspiring young "Bud", that "every battle is won or lost before the battle begins". No words could be truer, particularly when it comes to medical malpractice litigation.
Contrary to public perception fed by movies and TV about lawyers, medical malpractice lawsuits are not won at trial or closing arguments. Medical malpractice lawsuits are not won by clever motions and great depositons. Medical malpractice cases are won before the summons and complaint is ever filed.
Case selection is the key. As a plaintiff's lawyer, I must be absolutely ruthless in case selection. Most attorneys want to make new clients happy and leave their office with a smile. Not me! Frankly, I could care less whether a new client leaves my office with a smile. I'd much rather that they leave my office with a realistic understanding concerning the likelihood of winning their case.
I begin building realistic expectations from the first meeting. I tell clients that even the best cases can be lost and that my job is to make sure that we critique every strength and weakness of the case before the lawsuit is filed. This often involves expert reviews of the medical records by multiple physicians. Rather than accepting the first positive review of the case by a physician, we put the case through the washer with two, three or in some cases, five physician reviews. By the time I receive a positive opinion from the third or fourth physician and each opinion is basically the same, only then are we ready to file the lawsuit.
Is this expensive? Hell, yes. Does it pay in the long run? A losing medical malpractice case is a substantial expense for any lawyer. It doesn't pay to take cases that have borderline or questionable merit (even if you can find a physician to give a positive opinion of the case). Contrary to popular perception, malpractice insurance carriers aren't in the business to pay claims and write fat checks in questionable cases. A catastrophic injury is not enough--you must have a clearcut and often overwhelming proof of negligence by the offending physician.
Ruthless case selection is crucial for the success of a medical malpractice lawyer. Gordon Gekko had it right when he told his aspiring protege that "every battle is won or lost before the battle begins". Nothing could be truer in medical malpractice litigation.
Free Book
The Seven Deadly Mistakes of Malpractice Victims
ONE BIG PROMISE
You will not be another of the 98,000 victims of medical malpractice in the United States in 2009 if you read my FREE BOOK. I have a book that will tell you why most victims of medical malpractice never recover a penny. If you are the victim of medical malpractice, we will rush this free, valuable information so you know what to do. If you don't call now, you have only yourself to blame.
You will never have to worry about medical malpractice again if you call this toll-free number, 866-889-6882, for your free book, The Seven Deadly Mistakes of Malpractice Victims, and an audio CD of the book, or you can request the book here and the book will be rushed to you immediately at no cost.
(New York residents only)
Connect With Us
Are we friends on Twitter and Facebook yet? I regularly post tips and advice about medical malpractice that I know you’ll enjoy. Click the links and let’s connect!
Free Case Evaluation
Begin your case review by filling out the form below or call us at 866.689.9692
John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Fax: 845-331-2004
Toll Free: 866.889.6882
Get Directions
Contact Info
John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Fax: 845-331-2004
Toll Free: 866.889.6882
Video Library
General:
- Personal Injury Attorney In New York Is Motivated By The Difference His Case Results Make In Peoples Lives
- How To Know Which Law Firm Is Right For You According To Medical Malpractice Attorney In New York
- Knowing You Are The Victim Of Medical Malpractice Can Be Tricky According To New York Attorney
FAQ
General
- What is the best way to reduce (or even eliminate) photocopy expenses in your law practice in Kingston, New York?
- Why you should never pay attention to lawyer advertisements when hiring a lawyer in Kingston, New York?
- What is the #1 way to defeat a subrogation claim against your injury compensation in New York?