Delegated Authority …………..a quick guide.
Discrete risks should be considered legitimate grounds for considering an early offer of settlement on the basis that they are likely to undermine our witness and expert evidence.
Discrete risks include, but are not limited to, the following:
Material notes missing. Material radiology missing. Adverse clinician comments on issues unrelated to the actual allegations – such comments could be elicited under cross-examination at trial, which in turn would undermine our prospects of success. Adverse expert comments on issues unrelated to the actual allegations – such comments could be elicited either at a joint meeting or at trial under cross-examination.
Recommendation: NP to consider an immediate offer of settlement if a discrete risk is present.