Pre-cautions to Take When Dealing with a Medical Malpractice Lawsuit
You can win a medical malpractice lawsuit, therefore, do not panic. Here is how to deal with a medical malpractice lawsuit.
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. Find out the risks that your medical malpractice insurance policy covers, the maximum amount of coverage and your rights and responsibilities.
For those who are employed, notify you employers. Study the contract of employment to know how the employer is responsible towards the case and the impact of the case on your job.
Use the attorney of your insurer or your employer’s attorney but not your attorney. The insurer or your employer will ensure that an experienced lawyer is appointed for you to provide you with quality services.
Contact the lawyer who has been assigned to you before you respond to the summon from the court. A lawyer can be trusted because he or she will respect and protect your privacy hence limit your conversations about the case to your lawyer alone.
Do not change anything in the 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. You should avoid the temptation of investigating the case because you will give an impression that you are trying to cover your tracks. If you have no access to the records of the plaintiff please do not request to access.
Avoid talking to the attorney of the plaintiff. Whatever you say to the attorney of the plaintiff or write in the email can be used against you, therefore, do not respond to any of his or her requests. When you receive a request from the lawyer of the plaintiff to send records of the plaintiff, speak to your attorney respond to the request.
Do not offer the plaintiff compensation. Let the compensation to be taken care of by the insurer. The plaintiff will perceive desperation in you when you make the first move to talk about compensation.
You may have to agree with your insurer to settle the plaintiff outside the court. Do not take the settlement personal even when you are not guilty of what you are being accused of because you never foresaw the harm the treatment was going to cause to the plaintiff. An out of court settlement is less costly, and it is cheaper hence it is a better option.