A Medical Malpractice Defense Lawyer's Survival Tips for Protecting Physicians Named in Malpractice
A Medical Malpractice Defense Lawyer's Survival Tips for Protecting Physicians Named in Malpractice
DOCTOR'S PERSONAL DEFENSE LAWYER - THIS IS WHAT WE DO IN MED

Initial Case Review
When the lawsuit is filed, we help make sense out of the complaint that is filed at the courthouse. We help the physician understand what is about to happen. To understand the parties, who did what and what the plaintiff(s) is asking for the court to do. At this stage we make sure that the insurance policy triggers the "duty to defend" clause and we help choose the right insurance defense counsel. We also look for ways to get the physician out of the lawsuit right from the beginning.

Prepare Answer and Affirmative Defenses
The insurance defense counsel have their set of standard defenses they will raise before the court. What we do is we help them think beyond the standard set of defenses. This part is key, for if a defense is not preserved here at this stage, it is potentially lost forever.

Discovery by Document Production
The medical malpractice lawsuit quickly enters into a phase of discovering all the underlying relevant documents. What is relevant? Why are they asking for such detail? What is a physician's obligation under the duty to disclose? What MUST a physician disclose? those are all great questions. We help our physicians through this phase and we prompt their insurance defense counsel to raise the objections in court. Historically, physicians let their office staff handle this, but who is watching what is getting turned over? We help navigate through the disclosure phase.

Discovery by Deposition
Firstly, we work with physicians when they get deposed in a medical malpractice lawsuit. They have great questions like: How to prepare? What to say or do? Understanding the difference between speaking the truth, giving up legitimate defenses unwittingly, and what are "non-truths". One of our highest priorities is to help our clients prepare and navigate their own depositions.
Secondly, we guide the insurance defense counsel on what to ask the opposing side that is key to the physician's defenses. There is always a purpose to every deposition that is taken; we guide the insurance defense counsel stay on track with what our physician needs to put on a fortified defense.
Thirdly, we work with insurance defense counsel to secure the right expert witnesses to fortify the physician's defense. This part is often key and over looked

Requesting the Court to Take Action
During the middle of the case there are opportunities that are created, that give the physician the ability to ask the court for relief or to enforce some legal provision onto another defendant or onto the opposing side. We help maximize those opportunities to help our physicians out of a case.

Concluding the Case - An Absolutely Critical Phase
Most medical malpractice lawsuits do not go to trial, rather they are mediated and settled out. Usually for nuisance value, the insurance companies are willing to give money to the plaintiff so they do not have to incur more legal fees. We help our physicians understand if and when they are ready to settle or go to trial. We aim to get our clients out of the case before it is over. There are many many things to be concerned about here: What will the final settlement agreement say? Will that be reported to the national medical databases along with the physician's name? What will the final court order say? Will others be able to use this case against the physician in the future? What will future employers of the physician think? These are all great questions. We help our clients bring the case to the cleanest possible ending that they can, and we do this by engaging the already paid insurance defense counsel, working with the physician and staff, and making sure that defenses and motions are raised before the court, and we keep our physicians out of the national and state reporting databases.

FOR PERSONALIZED ATTENTION OF LEGAL COUNSEL
Free Initial Review and Consultation
For a confidential consultation call/text at (954)445-5503 or email me at BAM@HealthcareAttorney.Net
Ben Assad Mirza, Esq., CHC, CPA, JD, LLM, MPHA
Important Note: If you need legal advice that is more state law specific than what is required by Federal Statutes, please advise us so we may connect you with the right legal counsel licensed in the state you are inquiring about.



FOR PERSONALIZED ATTENTION OF LEGAL COUNSEL
Free Initial Review and Consultation
For a confidential consultation call/text at (954)445-5503 or email me at BAM@HealthcareAttorney.Net
Ben Assad Mirza, Esq., CHC, CPA, JD, LLM, MPHA
Important Note: If you need legal advice that is more state law specific than what is required by Federal Statutes, please advise us so we may connect you with the right legal counsel licensed in the state you are inquiring about.

