http://www.ncbi.nlm.nih.gov/pubmed/23395062

Instr Course Lect. 2013;62:595-601.

Surviving and winning a professional negligence lawsuit.

Lundy DW, Teuscher DD.

Source

Orthopaedic Trauma Surgeon, Resurgens Orthopaedics, Atlanta, Georgia.

Abstract

Being served with a medical negligence lawsuit usually is a traumatic event for an orthopaedic surgeon. The course of litigation is long and tedious, and the defendant physician must be well prepared for the experience. It is imperative that the physician contact his or her insurance carrier immediately after being served with the complaint because many legal actions are time dependent. The insurance company will assign an attorney to defend the physician, and an effective team will be needed to mount a powerful defense. The defendant physician's deposition is among the most important aspects of the entire process. Extensive preparation for the deposition will strengthen the defense; but the physician must remember that the lawsuit will not be won during the deposition. Because the testimony of expert witnesses often decides the outcome of the case, it is important for the physician to help the attorney identify the best potential witnesses. A thorough knowledge of the tactics that the plaintiff's attorney may use during cross-examination can help ensure that the truth is clearly portrayed. The American Academy of Orthopaedic Surgeons Professional Compliance Program is designed to ensure that all testimony in medical liability cases is fair and factual.