Defendants also have a chance to win a medical malpractice lawsuit, therefore, stay calm and take the bull by its horns. When facing a medical malpractice lawsuit t do the following things and avoid doing these e things too.
Notify your insurer that the court has summoned you over medical malpractice if you are self-employed. Your insurer is a critical party in the case because when the plaintiff demands compensation, the insurer will pay on your behalf. Establish what is covered in your medical malpractice cover, the limit of the compensation amount and the right are responsibilities that you have.
For those who are employed, notify you employers. Review the employment contract to know how the case will impact your job and how the employer is responsible in the case.
Do not hire your lawyer to deal with the case but use the lawyer that your employer or insurer will appoint for you. The lawyer of the employer or insurer is familiar with medical malpractice cases hence you are assured of quality services.
Contact the lawyer who has been assigned to you before you respond to the summon from the court. When you have a lawyer, please avoid discussing the case with everyone including some of your friends and family members.
Do not alter the medical records of the plaintiff because that will destroy the evidence. Make not correct errors in the records or complete them. The system has a tracker that marks the date and the times that the records are retrieved and updated therefore the court will notice any changes and assume that you had ill motives when you updated or corrected the records.
Do not turn into an investigator even when deep inside your hear you are dying to find out the truth. Do not interrogate your colleagues and people who are close to the plaintiff. If you have no access to the records of the plaintiff please do not request to access.
Do not communicate with the plaintiff’s attorney. Ignore the requests of the attorney of the plaintiff because the attorney may trap you with what you say or write in the email. Ask your attorney to respond to the request of the lawyer of the plaintiff if the lawyer of the plaintiff writes an email or calls you to ask for medical records of the plaintiff.
Do not offer to give the plaintiff a compensation. The insurer should be the party that takes care of the compensation. The plaintiff can take advantage of the fact that you made the first move to talk about compensation.
You may have to agree with your insurer to settle the plaintiff outside the court. You are not guilty of what you are being accused of because you never intended to harm the plaintiff but do not take the settlement personal. A court trial is lengthy and costly while an out of court settlement is less expensive and it takes less time.