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Eight ways the physician will try to weaken your malpractice claim

Most doctors are sued for medical malpractice at least once during their careers. The physician successfully defends the lawsuit 90 percent of the time when it goes to trial.

Why do doctors have so much success defending malpractice lawsuits?

Perhaps the biggest factor is the changes in law over the past several decades. Ohio courts impose difficult obstacles for medical malpractice plaintifffs that are not imposed in other types of personal injury claims such as car accidents.

Aside from a pro-doctor court system, Ohio physicians receive instruction on what to do whenever they first learn that a patient may pursue a claim against them. Malpractice insurers want to avoid a payout, so they give doctors sounds advice on what to do when they make a mistake or learn that they may be sued.

Here are's eight steps for doctors to follow in a malpractice claim:

  • Notify the insurer at first sign of a conflict
  • Refrain from altering patient records (the plaintifff's lawyer may find out!)
  • Practice your deposition testimony
  • Help your attorney find inconsistencies in the plaintifff's story
  • Don't get angry
  • Help your lawyer choose an expert to side with you
  • Testify as if you're speaking to a patient (avoid too much complexity)
  • Understand that sometimes settling the case is best

Source: Medscape, "8 Steps To Winning Your Malpractice Lawsuit," Mark Crane, July 15, 2014

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