Our goal is to help you succeed. Litigation about medical issues often occurs in our country. This causes a lot of stress and frustration for those who are trying to help improve the health of the general public. As a careful health care professional, you often face the risk of angry patients filing suit when they feel hurt or at risk from decisions that you made on the job. It is ironic that the problems the patient feels are your fault are often the result of poor lifestyle choices on their part, and not necessarily the health care provider.
We understand that facing legal challenges is tough for you. We have collected a checklist to go through if you are sued for medical malpractice:
1. Never react emotionally to a legal suit. It is easy to get upset when people blame you for medical problems that seem to be your fault. Often, you were just trying to do your job. Have a logical viewpoint. Try to see things from their perspective. The patient is often tired, scared, and needing to blame their problems on someone or something. Think of yourself like a parent dealing with a fussy child. It does not help to yell back.
2. Collect all the relevant data on contracts that the patient signed with you. Liability contracts are particularly helpful in proving that the patient chose to take responsibility for their treatment. Always have a patient sign them, and explain that by signing them, they are committing to take responsibility for their health if something goes wrong, except in a case of very clear negligence by you.
3. Enlist the services of a good lawyer. This is what we are here for. If the case is emotionally overwhelming, it is nice to have someone who can stand up for you.
4. Always have a Plan B. If you lose the case, what will you do? Many individuals are overly specialized in their career field. Losing a job is disastrous for them. If you have multiple areas that you are trained in, this will assist you if you lose your license. Research schools that are in your interest area, and prepare for the case’s failure just in case.
Our plan of action is to support you. When you call us with a request for legal defense, we will do thorough research on the social background of the patient. We will investigate the patient’s emotional state, their history, and the possibility that they are just using you as a scapegoat for negligence in their diet and exercise plans. We will look at their criminal records, to see if they have a history of using the law to their own advantage. It is sad, but true, that the American justice system tends to favor patients over health providers, even though patient health fraud is now at an estimated $272 billion annually.
In the meantime, we will also collect a written history from you on the facts leading up to your case. Please make sure that you honestly give us all the details associated with the legal charge. Honesty equals clemency from the judge’s perspective. If you are honest, “I did fail to notice the label on the prescription,” it will help the case. Perhaps it will point to issues with the drug company’s documentation method for that particular drug. This is just an example to illustrate why honesty is essential. It could show us that you may not be the only guilty party.
It is our hope that the legal charges will be cleared from you. However, if the outcome is unsuccesful, we will refer you to other good alternatives. One option is to appeal to a higher court. We would be more than willing to do that, but it is expensive. Another option is just to concede, and let them take away your license. You can then apply your skills to a lower regulation environment such as volunteering onsite overseas at a medical clinic in return for room and board. This would add to your resume and would tend to give future employers satisfaction if they see that you instantly got to work with what you had left after you lost your malpractice case.