Improving Your Chances on Winning a Medical Malpractice Case
For doctors that specialize in a high-risk field of medicine are risking themselves of being sued for malpractice during their medical career. Try to weigh down these steps which might help you get a good chance of winning a malpractice case.
Inform 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. 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. Collect all documented records of your patient to establish 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
Never attempt to reconstruct the medical records of your patient, because by doing so, this move will be used against you, establishing in court that you altered the records and, thus, you lose your credibility, as well as your chances of winning your case.
Practice well your testimony
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. 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. 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.
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.