Page 36 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

It is also important to keep all correspondence with your

defense team in a separate folder or other secure location to
ensure that it does not end up in the plaintiff’s attorney’s

hands. These attorneys often request copies of medical

records several times throughout the course of the litigation
hoping to find discrepancies where the records have been

altered. We have had cases where the physician placed copies
of correspondence from defense counsel in the patient’s

record, and when the plaintiff’s attorney obtained copies of the

records, the entire defense strategy was laid out in specific
detail. And because the physician disclosed the information

received from his attorney, attorney-client privilege did not
protect the communication.

Let’s review. When process is served or a notice is received,

the physician should:

 Promptly report same to your malpractice carrier

 Not contact the patient or the plaintiff’s attorney

 Not discuss the medical facts related to the claims with

others except the carrier and the defense attorney

 Secure the medical records without making any

alterations

 Store all correspondence regarding the claim/lawsuit in a

file separate from the medical record

Next, we will examine discovery.

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