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Did you know that for a defense attorney to try a medical malpractice case in New York, they usually need a minimum of seven years experience?

 

A:

It's true.

Most insurance companies that represent doctors and hospitals, refuse to allow young inexperienced defense lawyers to try cases on their behalf. There's a good reason for that. They don't want to risk a significant case to an inexperienced defense lawyer.

That means that many attorneys in the bigger defense law firms in Manhattan must toil away for many years before they are allowed to try cases.

What this means for the attorneys who represent injured victims is that when we go to trial, the defense attorneys are extremely well-prepared, very knowledgeable and are formidable opponents. They usually have significant trial experience and are not afraid to go toe-to-toe with us and our experts.

For a young defense attorney, it is extremely difficult to gain the knowledge and experience to try cases if you are not exposed to the courtroom on a daily basis.

Many years ago, it was not like this.

When I started my law career working for a defense law firm on Wall Street handling medical malpractice and accident cases, a very well-known attorney who ran the law firm eagerly sent us young associates into court to try cases even though we were only months out of law school.

Admittedly, we were trying cases that did not have significant value, but nonetheless were given the opportunity to try cases as soon as we were ready. As we gained more and more experience, we were given greater opportunities to try more significant and complex cases that had much more risk associated with them.

That would never happen today.

I didn't realize it at the time, but looking back, I was getting the best training possible at this defense law firm that was well-known for going to trial.