practice of Medicine
You Filed a Claim. Now What?
May 24, 2023
Take Caution: What Not To Do
Do not edit or update medical records
- If you recall something connected to the case or wish to add notes or comments to the medical chart after receiving notice of a medical malpractice lawsuit, consult with assigned legal counsel or your assigned claims analyst before taking any action.
- Please consider that all forms of communication – text, email, handwritten notes – with someone other than your attorney could be requested by opposing counsel.
Do not agree to make any payments
- Agreeing to make payments before submitting a medical malpractice claim can be detrimental to your legal position and expose you to potential financial risk. You may be seen as admitting fault or liability, which can be used against you in court.
- Remember that claims can be complex, and it is important to work with our experienced claims team to help you navigate complexities and protect your interests.
- Let our team help you properly respond to a claim, gather evidence to support your defense and negotiate a fair settlement or fight for your rights in court.
Do not make a public statement (social media, news reporters, etc.)
- When facing medical malpractice litigation, it is important to be aware of the potential risks associated with using social media. In many cases, posts and comments made on social media may be used by the opposing party as evidence in the case. Depending on the content of these posts, it can weaken your defense.
- Therefore, it is important to remember that any content you post online, including pictures, posts and comments, can potentially be seen, used or shared. Additionally, consider that even when posts and comments are removed from your accounts, they may still exist in other forms through screenshots, saved posts, etc.
- It is best to avoid posting anything related to your case, your legal proceedings or your case-related activities. Additionally, you should avoid discussing any details of your lawsuit or any facts of your case, even if you are commenting on someone else’s post.
- Additionally, make sure to review your privacy settings on all social media platforms to ensure that your posts are only visible to people who you trust. You may also want to think twice before “liking” someone else’s post or comment if that post or comment contains facts or opinions related to your legal case.
- Regardless of how you engage with social media, it is smart to use caution.
- On a related note, you may be asked to make a statement or provide a comment on social media or another platform. Always advise counsel of such requests for public commentary. Counsel will determine whether a response is appropriate, and if so, will assist with drafting it.
Links to Additional Resources
The information provided in this resource does not constitute legal, medical or any other professional advice, nor does it establish a standard of care. This resource has been created as an aid to you in your practice. The ultimate decision on how to use the information provided rests solely with you, the PolicyOwner.