Surviving a Malpractice Case

This chapter discusses the strategies that should be employed by a physician once he/she is served with suit papers naming him/her in a medical malpractice action beginning with the service of the summons to the rendering of a verdict by a jury. It emphasizes what the defendant-physician can do to enhance his/her probability of receiving a defendant’s verdict of no malpractice and how preparation is the overall key to a successful defense. More specifically, the role of the defendant-physician in teaming with his/her defense counsel and the absolute importance of the defendant-physician being present for all or at least most of the trial is explored. Although no one likes to be named in a medical malpractice action, in today’s litigious climate few surgeons are immune from claims alleging professional liability, and sadly one must take the time and be prepared to contest those claims that have no merit.