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Gary: Joel, when we get calls in for people and talking with them, what are some of the techniques and some of the
examples you have about trying to parse out whether or not someone has a good medical malpractice case or a medical malpractice case
that we would help with?
Joel: Well, the first thing that I do when I talk to a client is I try my best to empathize with their condition. We get
a lot of sick clients that are sick potential clients that call, they’re hurt, they’re upset, emotionally or physically,
and so they call and they want to know if they’ve got a claim, if the doctor did something wrong, so fleshing out
exactly what the doctor did wrong can sometimes be tricky, and sometimes the client or prospective client doesn’t always
have an answer for that.
They don’t know that the doctor actually did anything wrong, and when you asked them enough questions about their
status, their condition, prior medical issues, you kind of end up finding out that, well, the real issue is the doctor
was rude, and the doctor was a jerk, and the communication to the patient was not ideal, that they didn’t receive the
best care, but as we all know that that doesn’t make a case for medical malpractice. It has to be more
than that.
And so, I guess another example would be kind of, you start talking to the client, you ask them about the facts and
circumstances, and you find out that what they’re really upset about is a condition that they had or currently have and
the doctor didn’t cause that condition. That’s the condition that they had way before. It’s tough because you want to
empathize, you want to let them know, “Hey, I’m sorry about how you feel and all that, but making a medical malpractice
claim based on these facts and circumstances isn’t something that we could pursue.”
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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