The medical community is built on altruistic intentions. It's also prime real estate for litigation. We'd venture to say that a clinician discovers they're named in a medical malpractice lawsuit every day.

So, where do you start?

Physicians must know how to act after getting a lawsuit notice. Despite any medical or legal merits, the result of the case can depend on what you do.

The first thing to do is get your insurer on the line. You want to do this even if there's a hint of trouble. (And most doctors do see it coming.) Getting the conversation started prepares everyone. If you work for a hospital, clinic, or community center, let your employer know immediately

Only work with an attorney experienced in malpractice cases. Instead of finding your own lawyer, let your employer or insurer get your representation. If you have a personal attorney, put them on the sideline. You want an expert familiar with strategies that can manage the entire process.

The attorney-client privilege protects you. But it only applies if you officially have counsel and only have discussions about the lawsuit. Talk about the case only with your attorney. The only other individuals present should be relevant to the case. Don’t forget that anything you say can end up in court.

Ask your legal counsel about EVERYTHING including, but not limited to:

• How long might the process take?
• What elements is the plaintiff arguing?
• What does the plaintiff need to prove medical malpractice?
• Is the case medical negligence or medical malpractice?
• What is the lawsuit going to cost?

Don't just "leave it to the lawyers."

The more you know the better you can prepare. Get out your malpractice policy and see:

• What's covered?
• What is the amount of coverage?
• What are your responsibilities and rights?

Employed doctors need to examine their contracts to see where the employer draws the line between employee and employer responsibility. See if the insurance policy lays the burden of settlement on you or the employer.

Also, note that it's not unusual for patients who file a lawsuit against their doctor to keep coming for treatment. Tread carefully here. Dropping a patient suing you is often viewed as admitting guilt. Never discuss the case with the patient and only treat them for conditions unrelated to the legal matter. Let your employer (if necessary) and lawyer know immediately.

What happens now?

The truth is, doctors, clinics, hospitals, and other care facilities get sued on the regular. More than 50 percent of suits get dismissed. Of the remaining lawsuits, the majority settle before a decision. Less than five percent of cases go to trial for a verdict. And of that five percent, more than two-thirds are in favor of the doctor. 

Many medical lawsuits get settled out of court. Often without the clinician admitting any wrongdoing. It's the less costly and easiest path to take. 

For a lot of medical professionals, settling when they believe they did everything they could to protect the patient can be tough. But you have to remember, malpractice lawsuits aren't about medicine or even good or bad doctors, they're business decisions.

Final Note

Finding out someone is suing you is an emotional and mental punch. Anyone used to it has been hardened by a history of legal entanglements. Not being able to talk openly about the case puts stress on your shoulders. In most cases, honest doctors discovering their treatment has had an adverse event on a patient is hard enough. Compounding the matter in a lawsuit is another pill to swallow. If the buildup becomes too much, speak with a professional mental health specialist. And know those conversations are also confidential and cannot be used against you.

Have you ever been named in a medical malpractice suit? What was your experience?

The guidelines suggested here are not rules, do not constitute legal advice, and do not ensure a successful outcome. The ultimate decision regarding the appropriateness of any treatment must be made by each healthcare provider considering the circumstances of the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.