DO NOT DO ANY OF THE FOLLOWING:
*Overreact to the claim made against you. Even the best doctors will be served with a claim at least once. It is likely not your fault. Though this is of no comfort, being sued is the cost of doing business.
*Alter the patient’s record in anyway, leave it alone. The alterations you make can be used as evidence in court. Also, this act raises doubts on your character, and it will help the plaintiff paint you as some evil person.
*Discuss the suit with anyone who is not involved in the claim, since anyone you talk to can be called as a witness to what was said. Your lawyer is your priest/rabbi. Tell them everything – the good and the bad, but no one else including your spouse. We saw a doctor client who told his wife all about his medical malpractice case, she filed for divorce while the case was going on and testified against him.
*Admit wrongdoing or fault and offer to pay. Do not dig the hole deeper. Let your attorney, insurer, and medical malpractice broker work the case. They are the pros.
*Provide any documents to the plaintiff or their attorney without clearing it with your own attorney.
*Discuss your insurance coverage and what your coverage levels are; you do not want to increase the plaintiff’s greed factor.
*Handle this suit yourself, call your medical malpractice broker and report your malpractice claim the moment you receive it. Follow up till you are contacted by the insurance company’s attorney.
DO THE FOLLOWING:
*Organize all records related to the case and make two copies, one for your file and one for the insurance company’s attorney. This is a war of documentation.
*Write down all the facts of the case for your attorney. You will always know more of the facts than the attorney. Keep the lawyer fully aware of all the facts at all times.
*Consider hiring a therapist since a lawsuit is very stressful. You are under attack and it helps to have someone to talk to who is bound to patient confidentiality.
*Comply with all the policy terms and conditions of your insurance so read it carefully.
Note: We are not attorneys; the above is standard risk management advice. Consult your attorney regarding the validity of this article and all things related to the law.
HCP National is a provider of Group Medical Malpractice Insurance for groups and solo surgeons. We are experts in health care insurance, D&O and E&O insurance, Group Medical Malpractice Insurance, and all other insurance coverage. Our home office is located in Costa Mesa, CA.
NOTE THE ABOVE IS A GENERAL DISCUSSION ABOUT HOW COVERAGES MAY WORK. YOUR INSURANCE POLICY AND ALL ADDENDUM ARE THE ONLY AUTHORITY OF HOW YOUR COVERAGE WORKS. DO NOT RELY ON THIS ARTICLE AS AN EXPLANATION OF YOUR COVERAGE. HAVE YOUR ATTORNEY REVIEW YOUR ENTIRE POLICY WITH YOU TO DETERMINE WHAT IS AND ISN’T COVERED.
