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.
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. It would also be wise to seek for 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 the case. Collect 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
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. 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.
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. Be well prepared in being able to deliver your justifications on the actions you took while you treated 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.
Outlining the steps to consider 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.