Natural History of a Lawsuit

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The Incident

The Cast

The Natural History of a Lawsuit

You are involved in care of a patient who has a bad result - especially an unexpected bad result.

You receive a letter from a lawyer or Summons & complaint

The Parties will exchange written Discovery

Your deposition will be taken by the other side, under oath before a Court reporter.

Trial

Post trial motions and appeals.

A note about timing and emotions.

Legalities

You are involved in care of a patient who has a bad result - especially an unexpected bad result.

1. On the day of the event, see to it that the records are promptly and accurately completed. (Never make late entries without identifying them as such and do not do it at all without asking advice from insurer or attorney.)

2. In dealing with the patient or family, tell the truth about the medical facts; be honest and open. Talk to the family. Be available if you can. If you cannot, let them know why.

3. Do not beat your breast. You can express your sorrow for their pain without accepting blame. Do not blame yourself. This is particularly important at the emotional time surrounding a bad outcome. Do not blame your colleagues unless you are certain that your opinion is informed and well founded - in most cases you need review of all the records and a conference with other treating professionals in order to be well informed.

4. Your training and the quality systems in your profession are oriented strongly toward looking at recent events and learning from experience. But you cannot practice medicine looking backwards. Do not share your sorrow over what you now wish had been done for the patient, or what you now wish that you had known. Your patient or the family will understand that kind of talk as criticism of the care. Save it for your quality of care reviews.

5. Do not send dunning letters in cases with bad results until and unless you have thought about it. If you decide to send a letter, make it polite.

6. Think again before referral to collection.

7. Set up an alert system when records are requested- in case of doubt let your insurer know of possible claim.