Overwhelmed by the Complexity of Lawyers? This May Help

December 12, 2017


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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

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.

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.

Practice and master 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.

Help your lawyer on the medical aspects

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 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

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.