Being a medical professional takes a lot of responsibility when it comes to health care. Anybody can have a lawsuit, but as a physician it can be a traumatic experience when medical malpractice happens. This is why many of our physicians leave their practices due to these experiences. More than 40% of physicians have been sued for medical malpractice. At Bussey and Fouts They will help you step by step through the process of your case, you’ll know what to do and work with your lawyer and know how to win your trial.
If you think that your patient is considering a lawsuit you should call your insurance carrier. Same thing if a plaintiff’s lawyer is requesting the patient’s medical records. Once you have contacted the carrier will be assigning a claims representative who can help you through the process like securing important records and coordinate your case. Starting a malpractice case is very expensive for the plaintiff’s lawyer, sometimes you must have to give in advance $50,000 or more for professional fees and expenses. Before starting the case the lawyer will review the patient’s record and send it to an expert to make sure if your medical provider has done malpractice or not. Do not try to alter your records in any way, if you try to do so the plaintiff’s lawyer may discover this and can ruin your credibility.
Small discrepancies might rise up by verifying telephone numbers, social security info,criminal backgrounds or driving records. If you have a warrant the carrier might want to have some documents, court records, employment records, etc. Your lawyer may attempt to have the complaint dismissed on legal grounds such as having too much time has passed since the incident happened or the plaintiff is not factually specific or that it fails to to specify a recognized claim of malpractice.
Before the trial the discovery process gives lawyers access to witnesses and evidences. Each side exchanges written questions and answers which is called interrogatories. The plaintiff’s lawyer might ask your background, procedures that you have performed to the plaintiff. But just keep your emotions intact because this is just a way that the plaintiff’s attorney does for techniques to win the case. A deposition is a pre-trial testimony given under oath, normally before a court reporter or videotape. It is a trial run of the actual trial. The law requires the plaintiff’s case to be supported by expert medical testimonies whether the defendant breached the accepted standard of care and the impact for the patient. Sometimes you think, fight or settle? Most malpractice insurers have a board of physicians to review the depositions and records and gives advice whether to fight or try to settle.
Many law firms claim they can get you a settlement, but what you are really getting is a quick settlement. This means that your case is rushed through the settlement process so it will cost the insurance company less. At Bussey and Fouts they don’t just want to settle your case, they want to get you the benefits you need when you need them most. Never think your case is too small for them, what matters to you, matters to them.