Effects of the verdict:
If you win your case, you may be angry over the time and effort,
but you have the best possible outcome. However, there are two caveats.
First, it is worth seriously reflecting on the lessons learned about
medicine, law, and yourself. This not only helps you grow and avoid
future problems, but may help someday improve the system. Secondly,
a court victory does not guarantee complete closure. If licensing
boards are involved, they often make a separate evaluation. They
do not necessarily follow the trial conclusion. Often such issues
are resolved faster than a trial.
If you settle, you have even more motivation to consider the implications.
And not all those watching you may take the settlement as an end
to the matter. Licensing boards again are one issue. But the insurer
will make note of having to pay, and rates or even coverage may
be changed. Payers may also follow such events and change qualification
for participation or other matters. Hospital credentialing committees
may evaluate the cases. And the case will likely be reported to
the National Practitioner's Data Bank. This is visible to those
qualifying institutions who pay a small fee as well, such as licensing
boards and hospitals.
If you lost, this is not unusual and may not necessarily convince
the community you were wrong. It appears the relationships between
the merits of the case and malpractice case outcomes are loose.
But losing the case again may raise issues with insurance companies
about continued coverage, and with the licensing
board or credentialing committies. While a single case, or two,
is usually not an issue, 3 or more in a few years can be.
Depending on the details, some of these open ends may need substantial
further time, effort, and even expenditure. This is covered in the
consequences section.
While the stresses are fresh, it is wise to organize and convey
your lessons to your partners and staff. If nothing else this deters
future problems. Also if there were aspects to the partners professional
relationships, or that of the hospital that you feel should have
been better, it is wise to deal with them while the impact of a
trial is still clear.
If this is your first case, resolve to make your only case. Chance
being what it is take the time to protect yourself with insurance
and asset consulting against other future problems. Many of these
protections only work well done before problems arise.
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