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.
Get in touch with your insurer at the earliest sign of trouble
It is important to inform your insurer about the earliest sign of trouble when you think that a legal suit will be filed against you, so your insurer can allocate a claims representative to provide legal assistance and guidance when the need for it comes. It would also be wise to seek for a medical malpractice lawyer, especially one who has experience in your field of medicine, so he/she can prepare out a good defense plan for the case. It is also good to prepare and gather all documented records of your patient to establish proofs that you performed your duties according to the standards and protocols of medical practice.
Avoid altering the medical records of your patient
Never attempt to reconstruct the medical records of your patient, because by doing so, this move will be used against you, establishing in court that you altered the records and, thus, you lose your credibility, as well as your chances of winning your case.
With the help of your lawyer, prepare and practice well your testimony, because you will be delivering this under oath in court and the plaintiff lawyer will be using your testimony to cross examine you, so master every angle of your statements, as much as possible mastering your evidences clearly and without doubts. Be aware of the fact that the cross examination will try to uncover your weaknesses for the plaintiff lawyer to use that weak point to attack you, so be calm and composed as you answer the questions objectively.
It is important to assist your lawyer to be enlightened on certain medical aspects on your case and also letting him/her know the discrepancies with respect to the medical practice to which it is in conflict with the plaintiff lawyer’s logic. Be prepared, too, for a proper justification of the actions you took while treating your patient and be able to explain the decisions you made and, while doing this, you bring the patient’s records to guide you through this process.
Reviewing the steps on what to do in a malpractice case
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.