In defense of malpractice charges: a survey of the legal process

Abstract

Surgeons need to be more informed and cognizant of the ramifications of the legal process to participate properly in their defense or to serve as expert witnesses. The education, training, experience, and psychology of surgeons provide a different background from that needed in a legal contest. As the saying goes, "The battle begins when the suit is served." Attention to detail and defensive, conservative, and humble attitudes should begin then. Although cases are not won in the early stages or during the discovery process, they may well be lost there. The surgeon's improper attitude and lack of preparation may be responsible for many of these losses. The process is expensive and time-consuming, but attempts to avoid this time commitment during the pretrial stages are ill advised. With understanding, close cooperation with counsel, and proper preparation, the surgeon will be a potent force in his or her own defense.