How to Survive a Medical Malpractice Lawsuit: The Physician's Roadmap for Success

by Ilene R. Brenner

• ISBN13: 9781444319569
• ISBN10: 1444319566
• Format: eBook
• Copyright: 2010-03-01
• Publisher: BMJ Books

Summary

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 physicianrs"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.

Table of Contents

Acknowledgments

Foreword

Introduction

The long road to trial

You've been served! Now what?

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

What is medical malpractice?

The criteria of physician legally defined malpractice

EMTALA issues

Complaints to the medical board

Alternative Dispute Resolution (ADR)

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?

Coping with a medical malpractice lawsuit

Kübler-Ross five stages of grief

Maslow five stages of needs

Strategies for coping

Before the deposition

Differences between federal and state court

Addressing the complaint

The discovery phase begins

Meeting with your attorney

The in-house physician review

Nail the deposition

Preparing for the deposition

Dealing with co-defendant issues

General deposition rules and tips

Sample question and answer scenarios

All about experts

Expert qualifications

Daubert rules regarding medical expert testimony

The defense expert

The plaintiff 's expert

Using the plaintiff 's expert to help your case

What if their expert is lying?

Pretrial countdown

Reviewing your deposition

Motions to dismiss the case

Should you settle your case?

Preparing for trial

The trial

Rules to follow when in court, e.g. How you should dress

Jury selection

The cross-examination with tips and question and answer scenarios

Jury Deliberation

Damages

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

An ounce of prevention

Why doctors get sued

Bad outcome

Should you apologize?

What makes patients angry?

Methods to prevent patients from becoming angry

Communication Issues

Effective communication

Foreign language issues

Informed consent

Good documentation makes a difference

Documentation of Informed Consent

Destroy your diary or patient log before you get sued

Be aware of your electronic footprint

Liability risk with the use of physician extenders

Vicarious Liability

How should you run your practice?

Hospital issues

Peer Review

Hospital Privileges

Risk Management: Does it help you?

The Against Medical Advice (A.M.A.) form

Suspension of privileges

Summary

Expert qualification requirements vary by state

Arbitration mediation and pretrial screening panels

Collateral source reform

I'm Sorry Laws

Glossary

Index

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