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Steps to Winning Your Malpractice Lawsuit

“If you haven’t yet been sued for medical malpractice, the sad truth is that you very well may be at some point in your career,” writes Mark Crane, a freelance writer for Medscape. Fortunately, according to Crane, there are steps medical professionals—including therapists—can take to help increase the chances of winning a malpractice suit.

Some highlights to consider:

  1. If you suspect that a patient is thinking of suing, contact your insurance carrier as soon as possible.
  2. Never agree to speak “informally” to a plaintiff’s attorney.
  3. Keep up on documentation and avoid the temptation to alter or “clarify” records.
  4. Practice your deposition testimony before you give it.
  5. During the trial, ask for clarification if you don’t understand a question–don’t just answer it when the plaintiff’s attorney asks it with a false premise.
  6. The plaintiff’s attorney may, at times, come across as accusatory. Keep your credibility by controlling your temper, staying calm, and not taking it personally.
  7. When giving testimony, always face the jury and explain your actions in terms understandable to non-clinicians.

We went into this profession for a variety of reasons, one of which—most likely—was simply to help people. We strive to help in the most ethical manner possible, and we never want our work to include an adversarial process, such as a malpractice lawsuit. But when one arises, doing everything we can do to win will, we hope, allow us to continue helping other people to truly heal.

Read the full article at https://www.medscape.com/viewarticle/827718.

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