Page 10 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

evidentiary rules that are applicable to litigation that occurs

within their courts. Because these laws and rules vary from
state-to-state and jurisdiction-to-jurisdiction, readers are

encouraged to familiarize themselves with the laws and rules

that are applicable in the location where they practice.

Preliminary Matters

Before addressing the elements of a malpractice lawsuit and

the phases of litigation, let’s start by answering a few
preliminary questions.

What is the difference between a claim and a

lawsuit?

A claim in the medical malpractice context is a demand for

compensation by a patient or a patient’s representative based
upon alleged negligence by the healthcare professional. The

demand can be either written or oral. A claim is usually

asserted prior to a lawsuit being filed, although not in all
instances. The primary difference between a claim and a

lawsuit is that a claim does not involve the court system. A

lawsuit, on the other hand, involves the filing of a pleading
with the court. Thus, a lawsuit is a matter of public record.

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