What should be done:
(1) To secure all materials relevant to the case as soon as possible.
(2) To contact the malpractice insurance carrier and a lawyer as soon as possible (the insurance company may specify a lawyer).
(3) To contact the hospital risk management department, if appropriate.
(4) To keep accurate and complete records during the proceedings, filing all papers receiving and keeping copies of all papers sent. All mail should be sent with tracking and return receipt.
What should not be done:
(1) To talk to anyone about the case except your own defense lawyer.
(2) To do something that is fraudulent and "indefensible":
(2a) To lose or destroy material essential to the case (reports, slides, X-rays, etc.)
(2b) To alter the medical record.
(2c) To lie.
(3) To make any remarks about the patient that may be viewed as rude, insensitive or offensive.
Consequences of fraud or misbehavior may include:
(1) an almost certain adverse judgment.
(2) voiding of malpractice insurance contract
(3) loss or restriction of medical license
(4) loss of privileges
(5) criminal proceedings
Other prohibitions (not listed in the paper):
(1) Making negative comments about other people named in the suit (other physicians, nurses, etc.).
(2) Over-reacting emotionally to the lawsuit. Everyone feels significant stress during a lawsuit, but some people may take it too personal or go to pieces as a result.
(3) Being arrogant, condescending, or behaving in any way that would alienate others.
