Litigation Support

This page is intended solely as a service to other attorneys or law firms. None of the information on this page is directed at or should be considered as being directed toward clients or potential clients.

The physician-attorneys listed on the FOOT LAW web site are available to provide litigation support for other independent attorneys and law firms that are currently engaged in or are considering any type of litigation involving the extremities, including the feet, ankles, legs, arms, or hands, be it medical malpractice or personal injury.

These physician-attorneys are available to work with attorneys and legal firms throughout the United States in the evaluation and management of medical malpractice cases. These physician-attorneys have the ability to sort through the complexities of medical malpractice cases, and to identify those cases which are meritorious and warrant pursuit as well as to conversely realize which cases should be declined. All to often, callers, who are current plaintiff's or defense counsel, seek advice, strategies, and theories concerning their cases after discovery is completed, just before trial starts, or during trial itself. Being physicians who are all board-certified in ankle and foot surgery, each physician-attorney has a unique perspective that has been gleaned from performing many surgical procedures that allow for an ability to identify and focus upon a potentially winning approach.

[ Why Use A FootLaw.Com Physician-Attorney? ]
[ Active Co-Counsel | Case Consultations | Expert Witness Contingency Service | Lectures | At-Trial Assistance | Other Health Law Related Services ]
Why Use A FootLaw.Com Physician-Attorney?

The Physician-Attorneys listed on Footlaw.com can give your case several advantages not available from an expert witness:

  1. Generally, all opinions of expert witnesses are discoverable by the defense. Whereas, opinions and work product of an attorney (even a physician-attorney) are generally non-discoverable.
  2. All communications between the client and the physician-attorney are generally privileged communications.
  3. A physician-attorney can give you better insight when preparing questions for deposition or trial. The physician-attorney (if admitted pro hac vice) can conduct the deposition and can even participate at trial as second chair.
  4. The defendant's malpractice insurance company often has had extensive experience in the specific issues of foot and ankle malpractice. Your client deserves a member of the legal team with knowledge of both the foot/ankle and the law!

"Outsourcing" with a physician-attorney can produce greater profitability by a) providing you more time to pursue other cases, b) leading to more speeding settlements, and c) providing rapid turnover of cases.

  1. Active Co-Counsel with other lawyers or law firms with potential cases or ongoing cases. As active co-counsel, we are available to

      (a) review and evaluate the case;
      (b) assist in obtaining expert witnesses;
      (c) assist with the preparation of the pleadings;
      (d) assist with the preparation of discovery;
      (e) assist in, attend, and/or conduct depositions;
      (f) assist in settlement negotiations; and
      (g) act as second chair at trial.

      Our usual fee schedule for active case participation is one-third (1/3) to one-half (1/2) of the contracted attorneys' fee for the case (depending upon the posture, status, and assessment of the case).

    Alternatively, we can provide:

  2. Case evaluations and screenings, including:

    • evaluation and summary of medical records
    • case research for the latest specific case law
    • medical literature research
    • spoliation of evidence, including medical records evaluations.

    A case evaluation and review fee of $395.00 per hour will apply to all cases assessed for a lawyer or law firm with a current or potential client. Most cases require approximately 2 - 3 hours which includes a detailed written report sent to the requesting attorney. Completed case reports generally take less than 1 week to finalize from the date all of the data required is received but an expedited turn around can be provided with an additional $100.00 per hour fee consideration. The fee paid for this evaluation service will be credited should the attorney or law firm retain our services thereafter in an active capacity.

  3. Expert Witness Services:

    Generally, we do not provide expert witness services and we only provide expert witness referrals on cases in which we actively participate.

    Footlaw.com member, Charles F. Fenton III is available to serve as expert witness for your client. Expert Witness Fees

  4. In house lecture and updates for legal firms and Bar Associations (contact the individual physician-attorney for information concerning any honorarium).

  5. At-Trial Assistance

    We can provide Second Chair OR Consultation assistance at actual trial. This allows you to have the benefit of our understanding of the medical and legal issues of the case, as the case actually evolves at trail.

    If at trial issues arise suddenly, the presence of a physician attorney can be invaluable – especially in courts where expert witnesses are excluded when not testifying.

    Our fee for this service is (a) $1,500.00 per day or part thereof; (b) all related travel expenses; and (c) an hourly fee of $395.00 for pre-trial preparation and review of medical records, depositions, and other items necessary for proper preparation.

  6. Other Health Law Related Services

    We can also provide consultation or co-counsel assistance on Health Law related issues, such as:

    1. Medicare Recoupment Actions
    2. Federal or State Fraud defense actions
    3. Federal, State, or Third-party Payor Fraud prosecution actions
    4. State Board Actions
Attorneys who are interested in serving as Local Counsel in current or future cases should e-mail  any physician-attorney listed and include a current Curriculum Vitae, credentials, and your terms.

 
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