22 Lessons Learned: Experts

Improving Your Chances on Winning a Medical Malpractice Case

It is a fact, nowadays, that doctors that specialize in a high risk field of medicine actually 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

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. 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. It is important to gather all documented records of your patient showing proofs that you performed your duties according to the standards and protocols of medical practice.

Never attempt to reconstruct 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. 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.

Assist your lawyer on the medical aspects

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.

Outlining the steps to consider in a malpractice case

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.

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