Dr. Eboni Green
April 11, 2024
Unfortunately, part of the job as a caregiver or general healthcare provider is dealing with malpractice claims. Many providers will eventually experience this, and while it can be frightening, it’s not the end of the world or your career. If you’ve been sued for malpractice, we’ll explain what you need to do and what you need to know.
If you receive the legal complaint in person or via a mailed letter, you should read it carefully and thoroughly to understand it. Getting served with a malpractice legal complaint rattles and shocks some, but it’s important to keep your wits and study the facts of the upcoming case.
Review the facts of the case honestly and comprehensively—was the plaintiff harmed under your care, and if so, are you to blame or partially to blame? It’s also worth examining the dates of the incident to determine if there’s a statute of limitations defense. Whether the complaint has merit and could win will affect your defense strategy and the motivation from both sides to settle.
After getting served with the complaint, you should contact your malpractice insurance carrier immediately. You will need to determine what your insurance policy covers for the malpractice complaint—legal fees, court fees, damages, etc.
There’s a reason that you pay monthly premiums for their coverage, and now is the time to get what you pay for. But if there are any gaps in your coverage, such as insurance only covers half of the damages or has a cap on the settlement, you’ll want to start preparing your finances for potential out-of-pocket costs.
Once you notify your insurance provider of the malpractice complaint, they’ll put you in contact with an attorney since they’ll be paying the associated fees. Some carriers may allow you to choose your medical license defense attorney if you have one in mind, but it’s often best to go with their selection.
Once you and your insurance carrier determine your legal representation, it’s best to meet with them immediately to understand the next steps and a response to the complaint. The courts require timely responses to legal malpractice complaints, so there’s no time to waste.
Once you’ve been sued for malpractice and gone through the initial steps of your case, you’ll need to know what documentation you have on file relative to the case. Written documentation like charts and treatment plans are critical pieces of evidence in malpractice cases. As part of the discovery phase, you’ll want to gather all the documentation you may have.
Even the most minute caregiving notes you documented years ago could apply to the plaintiff’s claim, so leave no stone unturned. Allow your attorney to sift through what’s relevant and what’s not while you gather as much as possible.
Getting hit with a malpractice complaint can be jarring and frightening to healthcare providers and caregivers. Remember that it’s a common thing many caregivers and providers experience, and just because you’re being sued doesn’t mean you’re guilty.
