Improving 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.
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. 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.
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 well your testimony
By mastering well your deposition testimony, you are well prepared to answer the cross examination of the plaintiff lawyer during the trial, so it is important that when you practice your testimony it will assisted by your lawyer. 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. 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.
To help you through a lawsuit filed against your, these steps should be considered to prepare you on what to do: 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.