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.
Get in touch with 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. 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. Collect all documented records of your patient to establish proofs that you performed your duties according to the standards and protocols of medical practice.
Don’t tamper with 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.
Practice and master your testimony
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. During the cross examination, the plaintiff lawyer will make a lot of accusations on you, so he/she can unveil your weakness so that once he/she uncovers it, he/she will use your weakness to attack you during the trial, so it is imperative that you be calm and composed when you answer the questions objectively.
Help your lawyer on the medical aspects
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 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.
Summary of steps to do in a malpractice suit
Remember that malpractice lawsuits are common among doctors who specialize in a field of medicine and the following are steps to prepare if a lawsuit is at hand: 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.
Refer to: official statement