On average, each physician spends 50.7 months, or approximately 11 percent of an average 40-year career, on resolving medical malpractice cases—the vast majority ending up with no indemnity payment. That's the conclusion of a study by the RAND Corporation based on data provided by The Doctors Company, the nation's largest physician-owned medical malpractice insurer.ⁱ

By the age of 65, more than 75 percent of physicians in low-risk specialties and 99 percent of physicians in high-risk specialties have experienced a claim.ⁱⁱ

I make it a point to advise doctors to take these steps if a claim is filed against them:

• Contact your medical malpractice carrier. Many malpractice carriers draw from the same pool of attorneys, so it is important to notify your carrier as soon as possible to ensure the right defense attorney is retained on your behalf.
• Build your defense. The attorney representing your patient has likely already developed a good portion of their case before you were ever aware of its existence. Therefore, it is critical you be an active member of your defense team to begin building your defense.
• Be prepared for extended periods of perceived inactivity. The litigation process typically lasts two to five years, with claims being filed a year to two years after a negative event of the date of discovery of an injury – depending on state laws. There will be flurries of activity, followed by long periods of perceived inactivity. Trust that your defense team is continuing to work on your behalf.
• Understand the plaintiff's strategy. The plaintiffs' bar is very skillful at taking testimonial "sound bites" and portions of the medical records to fit their narrative. By understating the plaintiff's strategy, you can assist in preparing an effective defense.
• Become fully engaged in the process. Those physicians who managed to survive litigation, did so by becoming fully engaged in the process.
• Get professional coaching on how to be an effective defendant. Physicians who develop effective coping mechanisms have a greater chance of successfully navigating the rigors of litigation.

To be thoroughly prepared, you must know the medical record. You must also practice for your deposition, know your deposition testimony, and read depositions of other defendant physicians and experts—all while caring for your patients and yourself. This is no small task, but successfully defending your professional reputation is worth it.

For more tips, read Malpractice Claims Consume Years of a Physician's Career. Further insights from doctors who have experienced litigation are available in The Doctors Company's What to Expect from Litigation video playlist.

—Douglas McCullough, Esq., Assistant Vice President, Claims, The Doctors Company