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The defense counsel's perspective.

Peter J Hoffman1, Joan D Plump, Marcie A Courtney

  • 1McKissock & Hoffman, P.C., 1818 Market Street, Philadelphia, PA 19103, USA. phoffman@mckhof.com

Clinical Orthopaedics and Related Research
|April 5, 2005
PubMed
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Most orthopedic surgeons face medical malpractice lawsuits. Proactive measures like staying updated, patient rapport, and meticulous documentation can minimize risks and prepare surgeons for litigation.

Area of Science:

  • Orthopedic Surgery
  • Medical Law

Background:

  • The incidence of medical malpractice lawsuits against orthopedic surgeons is high.
  • Litigation is a significant concern for healthcare professionals in this specialty.

Purpose of the Study:

  • To provide orthopedic surgeons with essential information to prepare for medical malpractice lawsuits.
  • To offer strategies for minimizing the likelihood of being sued and navigating the litigation process.

Main Methods:

  • Review of strategies to reduce malpractice claims.
  • Discussion of essential steps for physicians who have been sued.
  • Guidance on legal procedures, including attorney-client privilege and deposition preparation.

Main Results:

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  • Key preventative measures include staying current with orthopedic advancements, fostering strong patient relationships, and maintaining thorough medical records.
  • Physicians sued should limit case discussions to legal counsel and avoid altering records.
  • Understanding legal processes and preparing for depositions are crucial.

    • Conclusions:

    • While complete preparation for a lawsuit is impossible, this guidance equips orthopedic surgeons with knowledge and control.
    • Adopting preventative strategies and understanding litigation procedures can mitigate the impact of malpractice suits.