Facing Litigation?
Three things to know that can make it less stressful
By Andrew D. DeSimone, J.D.
Sturgill, Turner, Barker & Moloney, PLLC
Physicians who are sued often feel significant stress related to medical litigation. It is an unknown entity and feels like a direct attack upon the physician’s character. A lawsuit alleges that the physician injured a patient and can call into question why physicians went into the art of healing.
There are some key things, however, that a physician should understand, which will hopefully make for a less stressful litigation process.
- It’s Not About Perfection
Healthcare providers are not judged under a standard of perfection but a standard of reasonableness. That should be the first question that a defendant asks himself or herself: Is what I did reasonable for the patient? If so, you can feel confident in your belief that you acted appropriately in treating your patient.
- Correlation is Not Causation
It is important to recognize that, before someone is found guilty of “medical malpractice,” the jury must believe that the failure of the physician to act reasonably caused the injury. This oftentimes can be a significant hurdle in medical malpractice cases, particularly with fulminant and chronic health conditions.
- Help is Available
Finally, it is important to understand that help exists for those physicians who find themselves affected by the litigation process. The first thing to do is to speak with your defense attorney, who can assist in providing advice and counseling. Keeping your attorney informed is the best way to minimize disruptions to your practice and to keep you practicing medicine.
Keeping these three things in mind, you can be better equipped to manage the stress of litigation and maintain your focus on what matters most.
Andrew DeSimone is a medical malpractice defense attorney with Sturgill, Turner, Barker & Moloney, PLLC. He can be reached at adesimone@sturgillturner.com or (859) 255-8581. This article is intended as a summary of state and/or federal law and does not constitute legal advice.