Steps in 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.
Contact 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.
Don’t tamper with the medical records of your patient
Be confronted with the fact that medical records are backed up in different data bases and any attempt to change or reconstruct the records can be detected; therefore, leave the records as it is to avoid using the altered records as a point against you, charging against your credibility, and losing your chances of winning the malpractice case.
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. During the cross examination, the plaintiff lawyer will make a lot of accusations on you, so he/she can unveil your weakness so that once he/she uncovers it, he/she will use your weakness to attack you during the trial, so it is imperative that you be calm and composed when you answer the questions objectively.
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.
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.