The Best Advice on Attorneys I’ve found

May 5, 2018

Miscellaneous

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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

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. It is important to gather all documented records of your patient showing 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.

Prepare well your deposition 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.

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 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.

Reviewing the steps on what to do 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.