In recent years, we have been picking up more malpractice cases — primarily birth injury cases — in jurisdictions outside of Maryland and D.C. We have handled claims close to home like Pennsylvania and West Virginia and we have also handled (and settled) cases as far away as Oregon.
To do this, we needed to get up to speed on the basics of malpractice calls in that jurisdiction. Not so much to handle the case — we have local counsel for that — but to screen the case to evaluate whether it is a viable claim to bring. It is important, of course, to know if the state has caps on malpractice cases and we have done that research.
But, honestly, you also need to know whether there are significant caps on attorneys’ fees because it has a real impact. Taking a birth injury case in New York, for example, is a very tough play economically because you are only getting 10% of everything over $1 million.