Defendants also have a chance to win a medical malpractice lawsuit, therefore, stay calm and take the bull by its horns. Here are things that you should do or not do when in this situation.
You need to notify your insurer about the notice from the court over medical malpractice if you a have employed yourself. 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.
If you are employed, notify your employer. 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. When you have a lawyer, please avoid discussing the case with everyone including some of your friends and family members.
Do not change anything in the records of the plaintiff because that will destroy the evidence. Do not complete the records or correct errors. 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. 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. Never request for the plaintiff’s records to be retrieved and handed over to you.
Do not communicate with the plaintiff’s attorney. 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. The attorney of the plaintiff will email or call you to request the medical records of the plaintiff hence speak to your lawyer to handle the issue when you receive such requests.
Do not offer the plaintiff compensation. Allow your insurer to handle the compensation. The plaintiff will perceive desperation in you when you make the first move to talk about compensation.
Your insurer may push for out of court settlement and manage to convince the plaintiff to agree with the idea. 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.