Steps in 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. Note down these helpful steps which might help you get a better chance of winning a malpractice case.
By getting in touch with your insurer, when you see trouble brewing in, your insurer will 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.
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.
Knowing that during the trial you are under oath, so practice and master well your testimony and know every angle of your evidences, since the plaintiff lawyer will use it to cross examine you during the trial. 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.
Assist your attorney on the technical aspects
Since your lawyer may not be able to understand fully the technical aspects of your case, it will help him/her be enlightened on the medical applications of the 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 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.
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