title: The defense counsel's perspective.
abstract: In all likelihood, most orthopedic surgeons today will be the subject of a lawsuit related to the care and treatment of a patient. This article is designed to provide physicians with pertinent material to help prepare for what seems to have become the inevitable--the medical malpractice lawsuit. There are a number of things that can be done to minimize the chance that a surgeon will be sued. Keeping informed about recent developments in orthopaedics, developing a good relationship with patients, and maintaining good documentation are just a few of the ways to help reduce the chances of being named in a potential lawsuit. Additionally, we offer physicians who have been sued assistance in getting through the litigation process, which at times can be daunting. Logical suggestions, such as not discussing a case with anyone other than a spouse and/or an attorney and not altering the medical records and larger concepts, including the importance of developing a relationship with an attorney, understanding the attorney-client privilege, and adequately preparing for the deposition and trial are discussed at length. Although it is not possible to be completely prepared for the day one gets sued, this article should provide insight and information necessary to enable surgeons to face each element of the lawsuit with some knowledge and control.
authors.affiliation: McKissock & Hoffman, P.C., 1818 Market Street, Philadelphia, PA 19103, USA. phoffman@mckhof.com
authors.forename: Peter J
authors.initials: PJ
authors.lastname: Hoffman
authors.forename: Joan D
authors.initials: JD
authors.lastname: Plump
authors.forename: Marcie A
authors.initials: MA
authors.lastname: Courtney
mesh_terms: D003142:Communication; D005104:Expert Testimony; D006801:Humans; D007351:Insurance, Liability / Q000191:economics*; D033222:Judicial Role; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D009985:Orthopedics / Q000592:standards / Q000639:trends; D010817:Physician-Patient Relations; D011216:Practice Management, Medical / Q000331:legislation & jurisprudence*; D012307:Risk Factors; D017749:Total Quality Management; D014342:Truth Disclosure; D014481:United States