How to Handle a Medical Malpractice Lawsuit
There is a chance of winning the case, therefore, avoid panicking. Here are things that you should do or not do when in this situation.
If you are self-employed, let your insurer know about that court summon over medical malpractice. Your insurer should be notified because the plaintiff will seek compensation. Find out the risks that your medical malpractice insurance policy covers, the maximum amount of coverage and your rights and responsibilities.
Let your employer know about the notice if you are employed. Examine the employment contract if you are employed to find out your employer’s responsibility in the case, how the case will affect your job and so on.
Your employer or insurer will appoint a lawyer for you, therefore, do not hire a lawyer. The insurer or your employer will ensure that an experienced lawyer is appointed for you to provide you with quality services.
Let the lawyer who has been assigned to you to advise 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.
Altering the records of the plaintiff will destroy the evidence, therefore, leave everything as it is. Do not complete the records or correct errors. Your system keeps a record of the time, and the date the records were last updated hence changing anything on the records will be noticed.
Do not turn into an investigator even when deep inside your hear you are dying to find out the truth. When you investigate and interrogate your colleagues and people who are close to the plaintiff you will send the wrong impression to people because they may think that you are trying to hide something. If the records of the patients are handled by other employees in the hospital, and you have no access to them do not look for ways to access them.
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 to compensate the plaintiff. Let the compensation to be taken care of by the insurer. The plaintiff can take advantage of the fact that you made the first move to talk about compensation.
The plaintiff may agree for out of court settlement after persuasion from your insurer . 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.