Everyone seeks to avoid getting into a lawsuit, but what do you do if this does happen?
Getting sued for medical malpractice is one of the most traumatic events of a physician's career.
This text will guide doctors and physicians through the process from the moment they receive a summons until the after-trial appeal process.
-Containing valuable information that physicians need to know to prevent making critical mistakes that can hurt their case
-With strategies explained to maximize their chances of a defendant's verdict.
-Including vital information on how to change your attorney, act at the deposition and dress for court,
Navigating through what is a mysterious and terrifying process in non-legalese language that is easy to understand including what makes patients angry, strategies for coping, sample questions and tips on answering them to what happens in court and how to continue if there is a bad outcome.
Section 1: The Long Road To Trial.
Chapter 1: What To Do When You Are Served With Papers Declaring A Medical Malpractice Lawsuit Against You.
Questions to ask your insurer about your policy.
What are the options if your employer purchases your insurance policy and dictates the terms?
When and how to report a claim.
A few pitfalls to avoid after you’ve been sued.
Chapter 2: What Is Medical Malpractice?
The criteria of physician negligence.
Complaints to the medical board.
Alternative Dispute Resolution (ADR).
Chapter 3: How To Choose An Attorney.
Questions to ask your attorney.
Conflicts of Interest.
Problems with the Hospital as co-defendant.
How do you change your attorney?
Chapter 4: The Psychology Of A Suit.
Kübler-Ross five stages of grief.
Maslow five stages of needs.
Strategies for coping.
Chapter 5: Before The Deposition
Preparing an answer to the complaint.
Differences between federal and state court.
Beginning the discovery phase.
Meeting with your attorney.
The in-house physician review.
Chapter 6: Nail The Deposition.
Preparing for the deposition.
Dealing with co-defendant issues.
How to act at the deposition.
Tips on answering questions.
Sample question and answer scenarios.
Chapter 7: All about experts
Do you depose experts?
Federal Daubert rules on expert testimony.
The defense expert(s).
The plaintiff’s expert(s).
Using the plaintiff’s expert to help your case.
What if their expert is lying?
Chapter 8: Pre-trial Countdown.
Reviewing your deposition.
Motions to dismiss the case.
Should you settle your case?
Preparing for the trial.
Chapter 9: The Trial.
Rules to follow when in court, e.g. How you should dress.
What happens in court?
The cross-examination with tips and question and answer scenarios.
Chapter 10: What To Do If You Lose.
What are the steps to getting an appeal?
Can you get your attorney to file an appeal?
Settling in lieu of an appeal.
Consequences of losing.
Section 2: An Ounce Of Prevention.
Chapter 11: Why Doctors Get Sued.
Should you apologize for a mistake?
What makes patients angry?
Methods to prevent patients from becoming angry.
Chapter 12: Communication Issues.
Foreign language issues.
Chapter 13: Good Documentation Makes a Difference.
The keys to good documentation.
Documentation of Informed Consent.
Destroy your diary or patient log before you get sued.
Be aware of your electronic footprint.
Read what you document.
Chapter 14: Liability Risk with the Use of Physician Extenders.
Are you at risk?
How should you run your practice?
Chapter 15: Hospital Issues.
Dangers of risk management.
The Against Medical Advice (A.M.A.) form.
Suspension of privileges.