Page 32 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

attorney omits an allegation or underestimates the value of the

client’s case, the attorney may not have an opportunity to
correct those mistakes later.

In addition to the complaint, the plaintiff is required to file a

document known as a summons. The summons is a written
order to be signed by the trial judge ordering the defendant to

appear and respond to the complaint filed against him/her.

Summonses are issued (signed) by the court as a matter of
course.

Together, these two documents, the summons and the

complaint, comprise process, the receipt of which by the
defendant is service of process.

Depending upon the law in the state where you practice,

especially those with tort reform legislation, service of process
may not be the first papers you receive. Some states require

the plaintiff in a malpractice case to submit a written notice to

the defendant physician prior to filing a lawsuit. The notice is
essentially a letter from the patient’s attorney that is sent by

mail to the physician. It is not filed with the court, which means
it is not a matter of public record. Its purpose is to prevent the

filing of frivolous lawsuits and to encourage the pre-trial

settlement of claims that have merit. When there is a statutory
notice requirement, the statute of limitations is usually

extended to give the parties time to investigate the claim or,
when appropriate, to resolve the claim. The clock is still ticking

even when a notice is given and the receipt of which should be

promptly reported to your carrier.

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