If you’re a doctor, you know that medical malpractice is one of the most common lawsuits you face. It’s no secret that doctors are at risk for legal action when they make mistakes in diagnosing or treating patients. However, you can do several things to protect yourself from being sued for medical malpractice.
Know Your Legal Rights
The most important thing you can do to protect yourself from being sued for medical malpractice is to understand your legal rights. This knowledge will help you establish a solid defense in court, and it also provides valuable information about how your case may be resolved. For example, if you’re diagnosed with cancer, the doctor will likely determine that you have cancer and make any necessary diagnostic tests.
However, the doctor does not need to make these tests unless an exception is made for medical malpractice. Likewise, suppose a patient is hospitalized and later dies of an illness or accident that was not mentioned during the treatment that caused the patient’s condition. In that case, there are many different types of negligence claims against the hospital or doctor. These include wrongful death lawsuits and wrongful birth suits. The exact nature of these claims will vary depending on whether a particular state has adopted the doctrine of strict liability (also known as “no-fault”) or comparative fault (which means only one party was at fault).
Avoidance of Litigation
In some cases, avoiding medical malpractice lawsuits is the best option for a doctor. If you are in a position where there is no way for you to prove that your treatment was medically necessary independently, then you will be subject to legal action from third parties who were harmed by your care. Knowing this, physicians have found ways to do just that. They minimize the risk of being sued by carefully following established guidelines and procedures when they provide treatment. There are even steps doctors can take to ensure their patients are aware that they won’t be held responsible for any harm caused by their care if they don’t follow proper protocols (e.g., explaining the impact of any requested tests or procedures).
Protect Yourself From Personal Financial Harm
If you’re a doctor and have made mistakes that have led to a lawsuit, you’re probably part of a small group of people who are being sued for malpractice. Malpractice lawsuits can be severe, and personal financial harm is often the most severe consequence. You may need to pay attorney fees or loss of income if you lose your case. This is why it’s crucial to hire a medical malpractice attorney with experience in these types of cases so that you don’t risk losing your case.
Get Help if You Feel You’re at Risk for Medical Malpractice
If you feel you’re at risk for medical malpractice, you should seek professional legal advice from your doctor, who can tell you about your legal rights and options to protect yourself against future claims.
Based on the research of over 100,000 medical malpractice cases, this article offers step-by-step guidance on determining if you are a victim of medical malpractice. Like medical malpractice claims occur from various situations, different medical malpractice cases may arise from multiple positions. To help you avoid a situation where you’re at risk for medical malpractice, we’ve outlined the steps you need to take to get help and make sure you don’t fall victim to a medical malpractice case.