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PRESCRIPTION OF THE MONTH |
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770.912.1201 Paul Tuggle, CPCU 770.913.1208 |
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Ron
Cuen John Lowden 770.913.1209 Kevin
Chojnacki |
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It is mid afternoon and you have just finished lunch. You return to your office, and find your Administrator anxiously awaiting your return. When you ask what is wrong, you are handed the legal papers that were just delivered by certified mail. Panic sets in. You have been served with a lawsuit from one of your long time patients for Medical Malpractice. Unnerved, you ask yourself, “What do I do next?” The following is a list of Do’s and Don’ts for you to review in the event you are served with a Medical Malpractice lawsuit. It is very important to share this information with your staff, as well. Do: • Collect all the relevant medical records involving the patient and keep them in a secure location. • Once an attorney has been assigned to your case, be readily available to talk to him or her by providing alternative telephone numbers, such as you cell phone or pager. The attorney is going to need your cooperation to properly defend you. • Review the medical records in order to refresh your memory of the details surrounding the allegation before meeting with your attorney. • Keep all correspondence you receive from your Medical Malpractice insurance carrier and/or the attorney handling the case, in a secure file. Don’t: • Do not change or dispose of the patient’s records. • Do not send the patient’s records to anyone other than your attorney or insurance carrier. • Do not rely solely on your attorney to defend you. You need to be actively participating in your defense. Ask questions and expect answers to anything that is confusing to you. If you have not yet been involved in a lawsuit, chances are that you will be at some point during your career. The chances are even greater of being sued if you perform surgery. Below are a few tips to follow in order to avoid being faced with a lawsuit: • Don’t be afraid to be sympathetic and try to determine a way to make the situation better. While it is important to be careful not to admit fault, sometimes all the patient wants is some empathy shown by their physician. • Keep your records accurate and legible. The easier it is to decipher what you did, the easier it will be to defend your case. • Open the lines of communication with your patients. If they feel that you care enough to call them back to answer their questions, the more their minds will be put at ease. • Don’t hide from your patients. Often, those answering the phone are “gatekeepers” for the doctors. Give clear guidance to your staff of your expectations on how to handle patients calling to discuss issues. The hope is that you will never be
involved in a Medical Malpractice lawsuit. Unfortunately, we live in a litigious society and lawsuits against physicians are
frequent. If you do find yourself being
sued by one of your patients, try to refer back to the Do’s and Don’ts. Contact
your insurance agent or Medical
Malpractice insurance
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What to do if served with a
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900 Ashwood Parkway | Suite 100 | Atlanta, GA 30338 | Main 770.399.6760 | Fax 770.399.6647 | www.potterholden.com |
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September 2008 |
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The information contained above is intended to be illustrative and
discusses general insurance issues. It is not designed to give any
specific legal advice pertaining to any specific circumstance. It is not
intended as a policy of insurance, binder, or state of coverage or as an
amendment, modification or waiver of the terms and conditions of any policy of
insurance. In every instance, a policy is the only accepted statement of
coverage, and it is important to read and understand your policy. Contact your
agent if you have questions regarding your coverage. |
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