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. 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
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. 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. 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
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.
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.
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
To help you through a lawsuit filed against your, these steps should be considered to prepare you on what to do: 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.