With medical negligence litigation increasing and little enthusiasm from employers and government to offer protection or reform, it is very likely that a physician will experience a medical negligence action at some point. Although a medical negligence allegation may be totally unexpected, often the physician is aware of an unexpected outcome, complication or patient dissatisfaction. Often there may be a change in behavior toward the patient or family such as becoming defensive, contrite, angry or aloof. During this period, which may be deceivingly long, the physician may discuss the incident with peers, perhaps review some literature and re-evaluate financial exposure. A request for medical records, particularly if it comes from an attorney, should stimulate a complete review of the incident and begin documentation of unwritten recollections and identification of principles, often forgotten when done retrospectively months or years later.
Time goes by.
No new missives are received. The Notice of Intent is a legal document that explains that within 90 days a legal action will be taken against you. It specifies, often in arcane legalese, the charges and, in Florida, is accompanied by an affidavit from another physician that claims that you have not practiced within the standards of care. This evokes a renewed cycle of denial. You rail against the patient, the attorney and particularly, the consulting physician.