Page 13 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

Where can I expect to be sued?

Generally, you can expect to be sued either where you practice

or where you reside. However, as with most things in the legal
system, there are exceptions and “gray areas” in the black-

and-white laws which can create complications for the
defendant physician.

Remember, both sides in a lawsuit are trying to gain a tactical

advantage over the other. Most attorneys rightly believe that
clients can gain such an advantage by having their lawsuits

tried in “their own backyards” – the location where their client

lives as opposed to the location where the other party lives or
works. This is because the jury that ultimately hears the case

will be comprised of citizens from that community who will,
hopefully, identify more closely with their client. Therefore,

plaintiffs’ attorneys are constantly looking for creative ways to

have the case tried in a location away from the area where the
physician practices/lives and, presumably, is well-liked and

respected.

Typically, a healthcare liability lawsuit will be filed in the county
where the treatment was rendered. However, some

circumstances can create a situation whereby the lawsuit can

be filed in a different location.

Telehealth is a prime example allowing a physician to be sued

in another state or jurisdiction because the physician has

engaged in providing medical services in that other state when
the patient is physically located there. When a physician has

an encounter with a patient via telehealth, the location of
where the medical services are provided is deemed to be

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