Medical Malpractice Defense
Overview of Medical Malpractice Defense
Home Contents Forum Links - Courses Contact About Join, Free
Medicine and Justice 
 
News
 
Dr & Patient Relationship
 
Are You
At Risk?
 
Prevention
  
Insurance 
 
Warning
Summons
Trial
Aftermath
 
License
 
  
Counter - Measures
 
Reform
 
Stat! Help
 
Teach Us  
Doc's  Stories
 
  
 

Why is this site important to you?
It helps you prevent and deal with malpractice by teaching you what you probably do not know, but is critical. Learn it faster and more affordably than from the actual experience of a malpractice case. This site compliments other resources such as courses, and is easily accessible when needed. Finally, it offers a team dedicated to the problem. Join it and help improve the site with your contributions.

The threat of a possible medical malpractice case is only exceeded by the real thing.
You have high malpractice costs even before your first suit, and strained relationships with patients despite your extra efforts. With a real case you have substantial issues of time, reputation, hikes in insurance charges, and perhaps licensure issues. You can find yourself in a new world, an Alice in Wonderland experience, where teachings about medicine and assumptions about your practice may be turned upside down in a courtroom.

How Malpractice Unfolds: its chronology and its antidotes. The studies report that malpractice suits are not brought against you because of a bad result nearly as much as due to a bad relationship. In fact the numbers are so skewed they are striking, and even puzzling. And the factors that determine how a patient views their physician may not be what you tell them, but other communication skills.

Before that stage is reached, there are a number of habits you want to have formed as good care, and good protection. These are centered on the patient and the chart, but include other professionals who may be involved. You can improve your communication, and you can carry out and document in a way that discourages the plaintiffs attorney as he or she visualizes some faraway future courtroom. Also, be sure you understand insurance, which has many strengths, and usually a number of pitfalls. Do you think you understand them? Think again. A key force is your insurance carrier, and both legal sides are well aware of how that affects a case. Do you even know what's in your policy, or the insurance traditions of your company that may be important?

When a patient becomes unhappy, there is still a lot you can do with regard to both the patient and the chart. You have a substantial opportunity to improve the situation because you are still giving care. Focusing on the patient relationship, working to meet and exceed the standard of care, and very fully documenting may both improve the patient and discourage a future attorney. Also if you worry a suit may appear, be sure to understand the technical process so that you don't neutralize a plaintiff's attorney's mistake. You can get early warning of serving if you make some easy checks.

If a case appears, begin your defense efforts early, and in an organized way. This is not only much easier on you than a mad late effort, but it is more effective. Memory can still play a strong role, documentation is less likely to be lost over time, and the longer time frame gives you more options. Learn about the process, and devote part of you time to thinking backwards from depositions and trial, to be more focused on key points. If your health is not optimal, make this a priority with you physician, and other organizations if appropriate.

Depositions determine important features in a trial, especially if you don't know how to survive them. Take time to prepare, and to be composed. Understand what the plaintiff's attorney is really doing, and your attorney's role. Look ahead to other consequences of malpractice as you prepare for depositions and trial, and work to avoid them or counter them as early as you can.

Trial Is Different, and Being a Plaintiff is Different Than Being an Expert. A fine expert witness may feel underwater as a defendant in testimony. Start thinking early about the differences.

Have an eye on what is left at the end of the case. Win, lose or settle you may not have closure on the problems. From penalties that are not covered to licensing , billing, and credentialing, the problem greatly impact you professional future and your family.

Does it make you mad? Is it a travesty on the idea of justice or the needs of injured patients? Does it punish physicians who work far harder to deliver health care than trial lawyers? Get involved in reform. And join our site.