Tips to Handle Medical Malpractice Charges www.outsourcestrategies.com
A
mistake
or
omission
can
happen on the physician’s part any
time
during
medical
treatment such as a mistake in diagnosis, or providing improper treatment or medication for that illness. A medical malpractice case occurs when a doctor or other medical professional makes a mistake, and the patients are harmed by that mistake. Just as any other type of legal claim, medical malpractice claims are subject to lawsuit filing deadlines that are set by state law or statute of limitations. Common types of cases in this area of law include childbirth injuries resulting from
negligent
prenatal
care
or
negligence
during
childbirth,
medical
misdiagnosis through which the patient might miss treatment opportunities that could have prevented serious harm or even death, incorrect dosage on the prescription, anesthesia errors, surgery errors, as well as hospital related infections. Patients can file a medical malpractice claim, if the doctor didn't follow or "breached" the standard of care for their particular medical problem. It may take months or even years for the case to be over. Though the time period varies from state to state, generally it's within two years from the date of the injury that the patient files a law suit. Brian K. Atchinson, President of the Physician Insurers Association of America (PIAA) says that "The cost of malpractice claims is considerable, both monetarily and in terms of impact on the healthcare system."
AMA 2010 Survey According to the American Medical Association survey, 2010, covering years 20072008, more than 42% of physicians have been sued over the course of their careers.  Before reaching the age of 40, more than half of obstetricians/gynecologists have already been sued.  Ninety percent of general surgeons age 55 and above have been sued. Medical Malpractice in Emergency Departments
Special rules apply to injuries caused by medical malpractice during emergency medical care. Along with diagnosing, treating, and releasing patients as quickly as possible, emergency room physicians should also provide every patient with the right and necessary treatments to avoid future complications. Failure to do so results in medical malpractice, and entitles patients to seek compensation for any damages this negligence may have caused. State laws protect "first responders" from most lawsuits. If a resident is sued for malpractice, the attending physician is often sued as well because he has the ultimate responsibility in supervising the resident.
The most common conditions associated with ED lawsuits are acute myocardial infarction and appendicitis. Emergency room negligence can take many forms, such as failure to detect bacterial meningitis or any other infection or disease, surgical errors, failure to assess patient charts, medication errors and improper monitoring. In order to avoid such law suits, physicians serving in emergency departments should make sure to
Fill out a consent form and discuss the benefits and risks of any procedure Keep up to date with practice guidelines Inform the patient of any incidental finding discovered and document
Steps to Help Physicians Win a Lawsuit Step by step awareness of the litigation process is important to learn what to expect, how to work with your defense attorney, and how to recognize tactics for winning at trial.
Contact Your Insurance Carrier: It is crucial for physicians to contact their insurance carrier as soon as they suspect a patient is considering a law suit or if a plaintiff’s attorney requests a patient’s medical records. Also, make sure not to speak with an attorney without your carrier’s assistance.
Never Change Patient Records: According to insurers, the biggest mistake physicians can make is to alter their records. It is highly recommended not to 'supplement,' 'clarify,' 'complete,' or 'reconstruct' patient records. Any such attempt to change them will probably be discovered by the plaintiff's attorney and can0 compromise the provider’s credibility.
Prepare deposition testimony: For such law suits, insurers and attorneys will spend many hours preparing doctors for the deposition. The plaintiff’s lawyer may question your backgrounds, training and procedures that you performed on the plaintiff. You need to work on your attorney to prepare appropriate answers.
Attend All Depositions: You should make sure to attend all depositions of the plaintiff as well, as your presence may stop them from exaggerating and perhaps cause them to reassess their opinions. Also, study the patient’s records and medical literature repeatedly until you’re prepared for a detailed discussion of every aspect of them. You’ll be expected to explain your rationale in treating the patient, especially if what you did varies from established practice guidelines. Never try to guess the plaintiff’s attorney’s intensions.
Never Lose Control of Emotions: Plaintiff’s attorneys often ask leading questions and may even challenge your competence. But never react under pressure or they may imply that you are prone to respond erratically under stress.
Have an Expert Witness on your Side: Make sure to help your attorney select an expert who can make the strongest case to a jury on your behalf. An expert may testify that you met the standard of care or that the patient may have experienced an expected adverse outcome.
Find out Whether to Settle or Fight: Insurance carriers often depend on a committee of physicians to review depositions, medical records, and expert advice and then recommend whether to defend or settle the claim. It was also found that poor medical record documentation had led to the settlement of many otherwise defensible cases. Insurers may try to settle a case if they fear that a "runaway" verdict could exceed policy limits. Often, physicians refusing a carrier's recommendation to settle a case could lose various premium discounts, pay higher premiums, or face difficulty in renewing a policy.
Face the Jury: It is crucial for physicians to face the jury and speak just like explaining medicine to a patient.
If the right actions are taken to prevail in the lawsuit, you can be of great value to your case though getting sued for malpractice can be devastating.
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