The effects of three rounds of tort reform in Texas over the past two decades have led many lawyers to conclude that, unless they specialize in medical-malpractice law, such cases do not pass muster when balancing risk and return during case evaluation. The elevated statutory and common-law requirements for getting these cases off the ground and to a trial, plus damages caps for those plaintiffs who manage to squeeze through the courthouse doors, make such litigation less economically feasible than many other types of cases. Nonetheless, it is still possible for a small firm to succeed in practicing plaintiffs-side medical-malpractice law. Here are some suggestions for how to do so.
When potential medical-malpractice clients contact me, the first thing I do is ask them to complete an intake form. Where possible, I prefer that they complete the form before meeting with me so they can go through it thoughtfully and send it to me before we meet in person. Then I can read through it and start to get the outlines of the case in my mind.
