Medical malpractice suits are common, with over half of physicians having faced at least one suit. The most frequent reasons for suits are treatment complications and failure to diagnose. While stressful, there are steps doctors can take when facing a malpractice suit. Experts advise staying calm, avoiding discussing the case outside of the legal team, and not immediately reviewing medical charts to avoid raising issues. It is also important for doctors to focus on practicing medicine rather than defending their case, letting their attorney handle building the defense.

1. Here's What to Do
When Facing a Medical
Malpractice Suit
Cullen McKinney

2. Introduction
• A partner at Tanoury, Nauts, McKinney and Garbarino, PLLC (TNMG), in
Detroit, Michigan, attorney Cullen McKinney has helped lead the law
firm since its founding in 2009. In his practice, Cullen McKinney focuses
on representing health care organizations and medical professionals in
cases involving medical malpractice.
According to a 2017 Medscape report examining medical liability, the
majority (55 percent) of US-based physicians have been sued for
malpractice, and nearly half have had a suit brought against them more
than once. The report found that surgeons and women's health
specialists were the most likely of all medical professionals to be sued.
Medscape also identified treatment complications and failure to
diagnose as the most common reasons for malpractice suits.
While most malpractice cases are resolved before they go to trial, the
experience can still take a heavy toll on the physicians involved. Often,
medical professionals facing a malpractice claim must devote many
hours to their defense, and it may take several years before the suit is
settled.

3. Malpractice
• Fortunately, there are several steps medical professionals can
take to minimize the negative effect these cases can have on both
their practices and their wallets.
The most common suggestions from experts are to stay calm and
avoid discussing the case with anyone outside of his or her legal
team and insurance company. Physicians are also advised to avoid
the temptation to immediately review the plaintiff's medical chart
because doing so may raise damaging questions from the
plaintiff's legal team.
Finally, experts urge doctors involved in a malpractice suit to
focus on practicing medicine rather than defending their case.
While it's important for a physician to take a very active role in
building their defense, practicing good medicine should be their
priority. Stepping back and allowing one's attorney to do their job
can be the best way to cut down on the stress involved with a
long and drawn-out malpractice case.