What to Do If You Get Sued by a Patient

Facing a lawsuit from a patient can be a daunting and stressful experience for any dental professional. However, knowing the appropriate steps to take can help manage the situation effectively and minimize potential repercussions. Here are the key steps to follow if you find yourself sued by a patient:

Stay Calm and Composed

It's natural to feel upset or worried when receiving a lawsuit notice. However, it's crucial to stay calm and composed. Remember, lawsuits can happen even to the best dentists, often due to unfortunate circumstances rather than professional incompetence. Maintain your confidence and focus on resolving the issue.

Contact Your Malpractice Insurance Provider

Notify your malpractice insurance provider immediately after being served with a lawsuit. They will guide you through the next steps and typically provide legal representation as part of your policy. This step is crucial for ensuring you are adequately defended.

Document and Preserve Evidence

Collect all relevant documentation, including patient records, consent forms, treatment notes, and any correspondence related to the case. Using digital tools like Denota can help ensure that clinical notes written are comprehensive and consistent for occurences like these.

Avoid Direct Contact with the Plaintiff

Refrain from contacting the patient who initiated the lawsuit. All communication should be conducted through your attorney and insurance representative to prevent misunderstandings or potentially incriminating statements.

Cooperate with Your Legal Team

Your attorney will guide you through the legal process. Provide them with all necessary information and cooperate fully with their requests to help build a strong defense. Transparency and honesty are crucial during this phase.

Keep Records of All Legal Activities

Maintain a detailed record of all activities related to the lawsuit, including legal advice received, meetings attended, and documents submitted. Utilizing tools like Denota’s to-do list and task management features can help keep track of your activities efficiently.

Consider Settlement Options

In some cases, settling the lawsuit out of court may be in your best interest. Discuss potential settlement options with your attorney and insurance provider to determine the best course of action. It's possible to settle without an admission of guilt, which can be a pragmatic way to resolve the situation.

Understand the Timeline

Legal proceedings can be lengthy, often taking around a year or more. Be prepared for this time scale and continue to focus on providing quality care to your patients during this period.

Focus on Risk Management and Prevention

After resolving the lawsuit, take steps to prevent future incidents. This might include additional training, revising practice procedures, or implementing new patient communication strategies. Using comprehensive record-keeping and administrative tools can also help manage risk.

Conclusion

Navigating a patient lawsuit requires calmness, a structured approach, and professional guidance. By following these steps and utilizing tools like Denota for efficient record-keeping and task management, you can effectively manage the legal process and maintain your focus on delivering high-quality patient care.

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