Improving Your Chances on Winning a Medical Malpractice Case
As a doctor, be realistic with the fact that doctors practicing in a specialized field of medicine run the risk of being sued for malpractice in their course of their medical career. So, here are steps to consider in helping you stand a better chance of winning a malpractice suit against you.
Inform your insurer at the earliest sign of trouble
Contacting your insurer at the earliest sign of trouble will assist you by allocating a claims representative who can provide legal guidance during those times when a legal suit is about to take place. By referring your case to a medical malpractice lawyer, especially one who has experience in your field of medicine, you prepare yourself with a defense plan through the expertise of your lawyer. Collect all documented records of your patient to establish proofs that you performed your duties according to the standards and protocols of medical practice.
It is imperative not to tamper the medical records of your patient because by doing so, it can be used to discredit you and, thus, you lose your chances of winning your case.
Prepare well your deposition testimony
By mastering well your deposition testimony, you are well prepared to answer the cross examination of the plaintiff lawyer during the trial, so it is important that when you practice your testimony it will assisted by your lawyer. It is a tactical diversion of a plaintiff lawyer to attack you once he/she uncovers your weakness, during the cross examination, therefore, when you answer his/her questions, do so, objectively, and be calm and composed.
Helping you win a malpractice case means assisting your lawyer on certain technical aspects on the case which you are more knowledgeable of, such that if you are aware of discrepancies with respect to the medical practice to which it is in conflict with the plaintiff lawyer’s logic, be sure to explain this to your lawyer. Be well prepared in being able to deliver your justifications on the actions you took while you treated the patient, as well as explaining the decisions you made and have the patient’s records at hand as a guide while you undergo the process of justifying your course of actions.
Summary of steps to do in a malpractice suit
Even if a malpractice lawsuit is a common thing among specialized doctors, the following are guides to help you through, once a lawsuit is filed against you: call your insurance provider so you are provided with a legal expert, do not alter the medical records, practice your deposition testimony with the help of your lawyer, assist your lawyer in explaining the technical aspects, and maintain your cool during the cross examination.