As a health professional, one of your main responsibilities is to ensure the well-being of your patients. As it is a life, the level of error becomes high, which requires extensive training, attention to detail. As well as good handling of work under pressure. Since, as we know, one of the professions with the most demands in the labor industry is the health sector.
Many times they are not even errors of the doctors but a lack of communication within the office and that can lead to a claim for medical malpractice.
Tips for Surviving a Medical Lawsuit
Therefore, if you have not yet been sued but want to know what you can do if you experience this situation, take into account the following advice:
- If you suspect that one of your patients plans to sue, contact your insurance company immediately. The insurer will assign you a representative to help you during the litigation process. Also, never talk to your plaintiff’s attorney, as you might say something that could be used against you. Don’t forget to gather all the documents you have available about your patient’s treatment.
- Avoid altering the records of the file, because according to the insurers, the attempt to change them can be discovered by the lawyer of the plaintiff patient. And you will only cause your credibility to be shattered.
- It is recommended that you practice your statement with the help of your lawyer over and over again, because if you feel confused, nervous or not very credible during your statements, the plaintiffs will know how to attack your testimony during the trial. Your patient’s attorney may ask you accusatory questions to influence your mood. However, you must appear confident, calm and speak naturally at all times. Don’t forget to keep your emotions in check.
- Remember that anything you say can be used against you, so if you don’t understand a question, ask for clarification. If a question is preceded by a statement, ask for clarification of what the question is. Don’t let yourself get caught by accepting a question with a false premise.
- Testify in great detail, as your testimony in a hostile interrogation could be the key to who wins. Try to use understandable medical terms and language, even when dealing with complicated medical terminology.
The lawyer handling the matter should also know the case law on the matter. Although on some occasions it will be easy to attribute medical negligence (for example, when surgical material has been forgotten inside the patient after an intervention). In others, a detailed analysis of the situation will have to be carried out. And it is that those damages that could not be prevented or avoided cannot entail medical negligence.
REMEMBER:
A lawsuit can be devastating for any doctor, but he can tip the scales in his favor if he is able to investigate and advise himself properly to avoid negative consequences that affect his professional image.
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