Improving Your Chances on Winning a Medical Malpractice Case
As a doctor, be realistic with the fact that doctors practicing in a specialized field of medicine run the risk of being sued for malpractice in their course of their medical career. Try to weigh down these steps which might help you get a good chance of winning a malpractice case.
Contact 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. 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
It is imperative not to tamper the medical records of your patient because by doing so, it can be used to discredit you and, thus, you lose your chances of winning your case.
Prepare well your deposition 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. 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.
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. 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.