What Happens In a Medical Malpractice Lawsuit?

Defending a medical malpractice lawsuit is a major inconvenience for doctors.  It is time consuming and expensive, not to mention the emotional toll it can take on one's pysche.  Doctors put a great deal of energy into their work, and although they are very careful with their patients, sometimes mistakes happen.  Sometimes they may face a malpractice lawsuit.

If a doctor is sued for medical malpractice, the first thing that takes place is the delivery of summons and complaint.  Typically the plaintiff is the patient, a party acting on behalf of the patient, or the executor of a deceased patient's estate.  

After a complaint is filed, the defendant (doctor) has a chance to challenge the allegations.  The process now enters what is called discovery.  Both the plaintiff and defendant can investigate to find out all about the allegations and defenses.  During this time a deposition may take place in which either party will be questioned.  This helps a lawyer prepare the case if it goes to trial. 

At any time during the litigation process either party can settle the dispute.  If the case does end up going to trial, a jury will decide whether or not the defendant (doctor) is at fault and if the plaintiff (patient) will receive damages.

Doctors are still able to work and practice medicine during a malpractice lawsuit. They can actually still work even if they are found liable in court. The exception is if the doctor falsified records or committed a grossly negligent act, which has caused him/her to be a danger to other patients.

Doctors are putting their reputation, career, and financial stability on the line when they don't protect themselves with malpractice insurance.  All it takes is one lawsuit to break the career that a doctor worked so hard to build.