The decision to decline or pursue a case depends upon an early assessment of case strength. Case strength is primarily determined by assessing the elements of negligence, case economics, and subjective appeal. For plaintiffs, a strong case is one that is likely to succeed, at settlement or trial, with a high net return. For defense, a strong case implies a probability of victory or dismissal with minimal downside risk.
Test your Legal Case IQ by reading the following case vignette and then assigning a score (1 to 10) to each key metric.
The total (Max = 30) reflects the overall Case Strength Score™.
A 44-year-old man with chronic low back pain underwent an elective anterior lumbar interbody fusion (ALIF) performed by two surgeons. The man had a prior history of abdominal surgery but was in otherwise good health. Although the surgery went well with no recognized complications, the man developed a complex postoperative infection and was found to have a left ureteral transection. A portion of a severed ureteral stent was identified and retrieved during reoperation, and the patient required a percutaneous nephrostomy tube before undergoing two complex ureteral reconstructions. He continues to suffer from chronic abdominal pain.
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