Be more cautious and take pre-emptive action when you anticipate a legal proceeding from the patient in future
Undertaking proactive measures like collecting substantive documents/reports as supporting evidence can go a long way in court. In cases of doubtful nature and where legal action is anticipated from the patient or other relevant party, these evidences, procured well in advance, prove to be of great value.
An interesting case, where taking proactive measures helped -
A 15 year old girl was diagnosed with Meningioma, a non-cancerous tumor, which was surgically removed, but within a short span of 52 days, the patient was again operated and a cancerous tumor was diagnosed. The patient alleged misdiagnosis at the first instance. The hospital had sent the tumor after the first surgery for histopathological examination in its own laboratory, but after the second surgery and death of the patient, the hospital on its own sent the specimen of the first tumor to another hospital for histopathological examination where the earlier diagnosis of Meningioma was confirmed. Both the reports were produced by the hospital in the court in defense and the court specifically drew a positive inference from the second report which was obtained after the patient’s death by the hospital.