Natural History of a Lawsuit

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The Incident

The Cast

The Natural History of a Lawsuit

You are involved in care of a patient who has a bad result - especially an unexpected bad result.

You receive a letter from a lawyer or Summons & complaint

The Parties will exchange written Discovery

Your deposition will be taken by the other side, under oath before a Court reporter.

Trial

Post trial motions and appeals.

A note about timing and emotions.

Legalities

You receive a letter from a lawyer or Summons & complaint

1. Make no changes in your records without counsel.

2. Do not call your patient.

3. Do not call the lawyer on the other side or take any calls from him without counsel.

4. Be aware that if you talk with people about the case who are not your spouse, psychiatrist, or attorney, both of you are likely to be questioned under oath about what was said. Be careful and discreet. Do not drag your colleagues into your case. Your partner’s opinion probably cannot help you legally, but it could harm you needlessly. Be patient and then help your lawyer to obtain independent experts to review your case.

5. Take your attorney's advice or get another attorney.

6. Do not send summaries to your partner or colleague without getting advice.

7. Set up a peer review system with advice and then be careful to follow the rules.

8. Advise your insurer immediately if you get any legal papers in the form of a summons or letter. Do not try to take care of this yourself.

9. Call your attorney and help him understand the case. Provide medical input, research and education.

10. Do not take it personally. Do not agonize over it- do the next thing in front of you.

11. Review the answer to the Complaint sent to you by your attorney and think about it. If you do not understand or think something has been overlooked, ask.