Steps in 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.
Get in touch with 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 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
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.
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. 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
Since your lawyer may not be able to understand fully the technical aspects of your case, it will help him/her be enlightened on the medical applications of the 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.
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.