Your Chances on 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.
Contact your insurer at the earliest sign of trouble
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. 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. 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.
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
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. 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.
Help your lawyer on the medical 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 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.
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.