Page 31 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

The Phases of Litigation

Just as there are separate elements of a medical malpractice

lawsuit, there are separate phases or steps in the litigation
process:

 Receipt of suit papers/notice

 Written discovery

 Depositions

 Trial

 Appellate process

The Rules of Civil Procedure dictate the manner in which each
of these phases are to be conducted. From the defendant’s

perspective, the first step is receipt of the suit papers or in
some instances, written notice of a potential claim.

Receipt of Suit Papers/Notice

A civil lawsuit commences with the plaintiff filing a written
complaint with the court. The complaint is a legal document

prepared by the plaintiff’s attorney that sets forth the basis for
the lawsuit. The document usually contains numerous

paragraphs alleging a multitude of wrongdoings by the

defendant physician. It may or may not contain a demand for a
specific judgment amount the plaintiff is seeking, depending

on the laws in the state where the suit is filed, but, if a specific

dollar amount is allowed, it will often be for an exorbitant
figure. The reason for this is twofold: one, to scare the

defendant, and two, the plaintiff is generally limited to the
allegations and damages figure stated in the complaint – if the

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