What is the scoop on med mal defense vs. plaintiff work? Is defense more respected by other practice areas if I were to switch somewhere else later?

I applied to a position that brands itself as civil litigation and apparently the role is med mal defense. Not sure what to go by but would like to do a little research before I call them back.

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I do med mal plaintiff work but have friends in defense. Both sides are high stakes and intellectually stimulating. Defense attorneys an get burnt out from what I’m told. Then again so can anyone. Not sure either is more respected than the other. Higher money ceiling on plaintiff side. But you’ll develop great skills on the defense side and can leave in a few years.

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Higher money on P side checks out. Most of the good ones I know did med mal at a defense firm for 3-5 years then jumped ship to plaintiffs work to make more money for less time investment.

I do med mal defense and really enjoy it. Have been doing it for several years now. I agree it is high-stakes and super stressful at times but it is intellectually and professionally satisfying. If you have an interest for complex litigation and are up for a challenge, I say go for it!

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Med mal defense is like shooting fish in a barrel. Over 80/90% of med mal cases that go to trial end up in defense verdicts. Juries like doctors and hate lawyers. If you want a real challenge be a plaintiff and really hone your skills.

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I also find the P’s in my jx hire worse experts who don’t practice anymore and are professional experts for plaintiffs. They manufacture factual dispute to get to trial and then force settlement on the court house steps.

P work is super lucrative but you have to be comfortable bringing some silly claims that really have no basis in the actual medicine. In that same vein I know some fantastic plaintiffs lawyers who bring complex cases, know their stuff, hire great experts, and try the cases to massive verdicts.

I imagine you get a mixed bag as a plaintiff’s lawyer because you don’t really know the merit of a claim until you’re already in discovery, unless the injury is fairly simple. But mine were mostly high value surgeries, infant defects, etc. with life care damages.

Don’t take this as me making the defense side out to be the “good guy.” There really isn’t one. Defense has a lot of burnout and obvious downsides. Notably, if you rep the institution rather than or in addition to the provider, you’re going to deal with a lot of bs and difficulty in discovery. The giant healthcare groups that have swallowed up mom n pop practices (United health) have made med mal litigation a difficult beast for defense lawyers. Everything is about bottom line, including your cases, and many would rather take the hit on discovery sanctions, settlement, etc. than produce a 30b6 witness or let you meaningfully delve into their policies and procedures (or lack thereof). Meanwhile the doc doesn’t feel like the institution is on their side, and most of them just want to settle without it affecting their license or having an NPDB report. And big healthcare doesn’t give a damn about their employees. That’s just one example, but it gives you an idea that there’s no “best side” to work for. Med mal is med mal.

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