Showing you adhered to protocol is a valid defense. The problem is twofold:
(1) Your insurer will usually prefer to settle rather than go to court, it's cheaper, so fuck your defense.
(2) You still take the reputational and emotional hit of being sued.
People discussing this rarely seem to get that docs are far more emotional about this than the money at risk merits. There are many things in play beyond "I don't want to lose a lawsuit." We really do get very upset about malpractice suits, for many reasons beyond our premiums going up.
> People discussing this rarely seem to get that docs are far more emotional about this than the money at risk merits.
There's also the risk of losing right to practice medicine - that is, being banned from providing the very service you spent the best part of your life specializing in.
(1) Your insurer will usually prefer to settle rather than go to court, it's cheaper, so fuck your defense.
(2) You still take the reputational and emotional hit of being sued.
People discussing this rarely seem to get that docs are far more emotional about this than the money at risk merits. There are many things in play beyond "I don't want to lose a lawsuit." We really do get very upset about malpractice suits, for many reasons beyond our premiums going up.