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
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. 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.
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
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. In the course of hearing your justifications, be prepared to provide a sensible reason for the actions you took while treating 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.
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.