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. Note down these helpful steps which might help you get a better chance of winning a malpractice case.
By getting in touch with your insurer, when you see trouble brewing in, your insurer will 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.
Avoid altering 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.
Practice and master your testimony
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. 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.
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.
Reviewing the steps on what to do in a malpractice case
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.