Pre-cautions to Take When Dealing with a Medical Malpractice Lawsuit
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. The insurer is in charge of compensating the plaintiff on your behalf in case you lose the case. Find out what your medical malpractice insurance policy covers, the amount of coverage, and your rights and responsibilities.
For those who are employed, notify you employers. 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 lawyer of the employer or insurer is familiar with medical malpractice cases hence you are assured of quality services.
Before you answer the notice from the court, consult the lawyer who is assigned to you. Keep all matters concerning the case between you and your lawyer.
Altering the records of the plaintiff will destroy the evidence, therefore, leave everything as it is. 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. Do not interrogate your colleagues and people who are close to the plaintiff. 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. Ignore the requests of the attorney of the plaintiff because the attorney may trap you with what you say or write in the email. 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 give the plaintiff a compensation. The insurer should be the party that takes care of the compensation. 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. 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. Settling the case of the court is cheaper, and it takes a shorter time compared to taking the matter to court.