Your Chances on Winning a Medical Malpractice Case
For doctors that specialize in a high-risk field of medicine are risking themselves of being sued for malpractice during 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
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. Also, it would be good to seek the legal assistance of 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 your 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.
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.
Prepare well your deposition testimony
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 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
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.