Attorneys handling medical malpractice claims know that every case is different. However, as Harrington, Hoppe & Mitchell partner Shirley J. Christian explains, successful defenses against claims of malpractice do have common elements.
In an entry on the Youngstown, Ohio–based firm’s blog, the medical malpractice defense lawyer discusses four common things that can strengthen the defense:
1. Documentation, Documentation, Documentation: Testimony of recollections and how things are normally done can be considered as evidence, she says. “They are much more effective, however, when they’re backed up with documentation in the medical record.”
2. Use of Plain Language: “Doctors who communicate the rationale for their decisions in clear concise language are in a much better position to defend those decisions later, and their decisions are less likely to be questioned in the first place,” Christian writes.
3. Educated Office Staff: Christian says malpractice cases often involve communication by office staff to people calling for appointments or refills, canceling appointments or sharing concerns during office visits, so it’s key that the staff understands documentation and communication procedures.
4. Intelligent, Caring Physicians: “Jurors want to know that the doctor had the patient’s best interest in mind and used his or her best judgment to make a rational decision,” she says.
