Surviving a Medical Malpractice Lawsuit

Kelly Bookman; Richard D Zane

doi:10.1016/j.emc.2020.01.006

Surviving a Medical Malpractice Lawsuit

Emerg Med Clin North Am. 2020 May;38(2):539-548. doi: 10.1016/j.emc.2020.01.006.

Authors

Kelly Bookman¹, Richard D Zane²

Affiliations

¹ Department of Emergency Medicine, University of Colorado School of Medicine, Mail Stop B215, 12401 East 17th Avenue, Aurora, CO 80045, USA.
² Department of Emergency Medicine, University of Colorado School of Medicine, Mail Stop B215, 12401 East 17th Avenue, Aurora, CO 80045, USA. Electronic address: richard.zane@ucdenver.edu.

PMID: 32336339
DOI: 10.1016/j.emc.2020.01.006

Abstract

Being named in a medical malpractice case is one of the most stressful events in a physician's career. This article reviews the legal system and the medical malpractice process. It details the steps a physician experiences during a medical malpractice case, from being served to the deposition and then to trial and appeals if the physician loses. This article also reviews necessary steps to take in order to proactively participate in one's own defense.

Keywords: Claim; Expert witness; Lawsuit; Litigation; Malpractice; Negligence; Tort reform.

Publication types

Review

MeSH terms

Emergency Medicine / legislation & jurisprudence*
Expert Testimony / legislation & jurisprudence
Humans
Liability, Legal
Malpractice* / legislation & jurisprudence
Physicians / legislation & jurisprudence*
Physicians / psychology
United States