Case Management
How We Win Cases and Keep Down Costs
STEP 1: EFFECTIVE CASE MANAGEMENT
Without effective case management, defense costs can equal or exceed the amount paid out in indemnity. MoDocs uses the Bauman Law Offices from Saint Louis to dispose of cases that do not require extensive litigation. As of December 31, 2008, 48 lawsuits have been filed against members. Twenty-five of those lawsuits have been dismissed without paying one penny in indemnity. As of December 31, 2008, indemnity payments have only been made on five claims filed against our members. The remaining cases have moved on to step two of our strategy.
STEP 2: SELECTIVE OUTSIDE COUNSEL
In step two of MoDocs' strategy, outside counsel is selected and matched with the needs of the case. MoDocs has spent a great deal of time and effort to select the best defense attorneys in Missouri. Only those attorneys are used to represent MoDocs members. From time to time, on recommendation of a member, MoDocs adds to this list. Currently several additional firms are being considered for MoDocs defense work.
Once defense counsel has been selected, paralegals and nurse legal consultants start the work of gathering necessary records and preparing a case for trial. We take advantage of their cumulative knowledge gained by working exclusively in the medical malpractice field with regard to experts, document gathering and legal strategies. The use of paralegals and nurse legal consultants at this stage is prudent and cost effective.
Bauman Law Offices – Randall Bauman
The Bauman firm aggressively pursues, manages and defends the litigation of MoDocs' policyholders by leading the preliminary litigation and performing case management of most cases while providing the complete defense of other cases.
Koerner Law Firm, LLC - Wendell E. Koerner, Attorney-at-Law
Mr. Koerner is a Fellow of the American College of Trial Lawyers, Member of the Defense Research Institute, International Association of Defense Counsel, American Board of Trial Advocates and Missouri Organization of Defense Lawyers. He is a Past President of MODL and received its Defense Lawyer of the Year in 2006, and is a past recipient of the Missouri Bar Foundation's Lon Hocker Trial Lawyer Award. He has been defending doctors and hospitals in professional liability cases for more than 30 years.
Eckenrode • Maupin – J. Thaddeus Eckenrode
The Eckenrode law firm won medical malpractice verdicts for three straight weeks in three different jurisdictions. An article entitled, “Defense Firm Scores Med-Mal Hat Trick 3 Straight Weeks” appeared in April 14, 2003 edition of Missouri Lawyers Weekly.
The law firm of Seibel & Eckenrode PC won four consecutive medical malpractice cases over a four-week period from November 15, 2004 through December 10, 2004. J. Thaddeus Eckenrode tried two of the cases, while Robert C. Seibel defended the other two. In 2003, Thaddeus Eckenrode defended two cases that were 2003 Largest Defendants’ Verdicts in the State of Missouri:
Medical Malpractice – failure to diagnose lung cancer
Downey v. Brinkman and Highbloom
St. Louis City Circuit Court
Downey v. Brinkman and Highbloom
St. Louis City Circuit Court
Medical Malpractice - failure to diagnose respiratory failure
Jones v. Poetz
St. Louis County Circuit Court
Jones v. Poetz
St. Louis County Circuit Court
Turner, Reid, Duncan, Loomer & Patton, P.C. - Jeffrey T. Davis
Jeffrey T. Davis received his law degree from the University of Missouri at Columbia (J.D., 1995). He was a Note and Comment Editor, Journal of Dispute Resolution while in law school. Mr. Davis was admitted to the Missouri Bar in 1995 and the Kansas Bar in 1996. He completed his undergraduate studies at Drury College where he graduated magna cum laude (B.A., 1992).
Mr. Davis served as Law Clerk to Hon. Russell G. Clark, Sr. Judge, U.S. District Court, Western District of Missouri, 1995 - 1997. Mr. Davis joined the firm in 1997 and became a shareholder in 2002. In 2000, he received the Missouri Bar's David J. Dixon Appellate Practice Award and in 2004, he received a chair award from the Missouri Bar Young Lawyer's Section.
Mr. Davis concentrates his practice on medical malpractice, products liability, general insurance defense, and civil trial and appellate practice. He is licensed to practice in Missouri and Kansas state and federal courts.
Mr. Davis is a member of the Missouri Bar and was a member of the Missouri Bar Young Lawyer's Section from 2000 - 2006 and was chairperson in 2005. He is also a member of the Missouri Organization of Defense Lawyers; Springfield Metropolitan Bar Association; and the Defense Research Institute.
Mr. Davis served as Law Clerk to Hon. Russell G. Clark, Sr. Judge, U.S. District Court, Western District of Missouri, 1995 - 1997. Mr. Davis joined the firm in 1997 and became a shareholder in 2002. In 2000, he received the Missouri Bar's David J. Dixon Appellate Practice Award and in 2004, he received a chair award from the Missouri Bar Young Lawyer's Section.
Mr. Davis concentrates his practice on medical malpractice, products liability, general insurance defense, and civil trial and appellate practice. He is licensed to practice in Missouri and Kansas state and federal courts.
Mr. Davis is a member of the Missouri Bar and was a member of the Missouri Bar Young Lawyer's Section from 2000 - 2006 and was chairperson in 2005. He is also a member of the Missouri Organization of Defense Lawyers; Springfield Metropolitan Bar Association; and the Defense Research Institute.
STEP 3: DOUBLE TEAMING
Once a case has been sent to outside counsel, MoDocs employs a strategy of double teaming the opposition. We employee two legal teams rather than one, in most cases, to ensure that every advantage in a case is exploited for our doctor's benefit. When sued, both physician and professional entity are usually named as defendants. At its inception, MoDocs adopted the policy of listing a doctor's entity as a named insured. Thus, when a MoDocs member is sued and the entity is named as a codefendant, MoDocs provides two attorneys from different offices to defend the case. This allows two defense teams to actively defend the case, provide experts, argue motions and participate throughout the process. While this strategy results in larger defense costs, it is designed to result in more defendants' verdicts.
