Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., shareholders Nancy Winkler and Dan Jeck were panelists during an April 19 Philadelphia Association of Defense Counsel presentation titled “Mediating a Medical Malpractice Case: Some Ethics Considerations.”
The panel explored the aspects of mediating a medical malpractice case that raise ethical considerations, such as the scope of an attorney’s representation, whether a client or attorney has the final authority to decide to settle a case, attorneys’ communications with their clients, confidentiality of information, conflicts of interest, and candor toward mediators and judges.
“Many times, an opportunity to mediate a medical malpractice case is presented to us,” said Nancy. “While all of the attorneys at Eisenberg Rothweiler are zealous advocates for our clients, when we advocate for our clients during mediation in pursuit of the best outcomes for them, we adhere to the ethics rules that govern our profession. An attorney’s failure to do so could cause more harm to their clients’ interests than any benefit they could receive by skirting the ethics rules, even slightly.”
“Presentations like this that give us the opportunity to interact with attorneys who represent the kinds of companies we sue on behalf of our clients can help us become even stronger advocates for our clients,” added Dan. “For example, listening to defense attorneys talk about the strategies they use when ethically defending medical malpractice cases, and being able to build relationships with them by chatting with them at these presentations, can go a long way in our efforts to develop litigation strategies that secure the most favorable results for our clients.”