Page 33 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

Service of process is usually accomplished by a sheriff’s deputy

or other process server. But, some courts, such as in the
federal system, permit service via certified mail. Also, when a

defendant cannot be located, the rules permit service by

publication whereby a notice is run in a newspaper of general
circulation in the community where the defendant was last

known to reside or practice.

Regardless of how the defendant is served, once served, it is of
the utmost importance that the physician notifies his or her

professional liability carrier immediately. The reason is

because the rules mandate that the defendant must file with
the court a responsive pleading within a specified timeframe –

usually 30 days, but depending on the state, it could be
shorter.

The responsive pleading is usually an answer, which is a

written document prepared by the physician’s defense
attorney (with the physician’s assistance) responding to each

and every allegation stated in the complaint and setting forth
any affirmative defenses that might be appropriate. The

answer is the formal denial of the plaintiff’s claims. It will deny

any allegations of negligence and often requests that the
lawsuit be dismissed. It is important that the answer be timely

filed within the period proscribed. If it is not, a default judgment

could be entered by the court, which means the physician
would be barred from defending the lawsuit and the only

question to be decided would be the amount of damages to
award. Even if a default judgment is not entered, the defendant

could be prohibited from asserting certain defenses. Do NOT
delay in reporting a lawsuit to SVMIC.

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