Going through a medical malpractice lawsuit is a major inconvenience for everyone involved. It is time consuming and expensive, not to mention the emotional toll it can take on a person's body and mind. Doctors put a great deal of energy into their work, and although they try all they can to provide for the needs of their patients, sometimes mistakes happen. Sometimes they may face a malpractice lawsuit.
If a medical professional is sued for medical malpractice, the first thing that takes place is the delivery of summons and complaint. Typically the plaintiff is the patient, a party acting on behalf of the patient, or the executor of a deceased patient's estate.
After a complaint is filed, there is an opportunity to challenge the allegations. The process now enters what is called discovery. Both the plaintiff and defendant can conduct their own investigation to find out all about the allegations and defenses. During this time a deposition may take place in which either party will be questioned. This helps a lawyer prepare the case if it goes to trial.
At any time during the litigation process either party can settle the dispute. If the case does end up going to trial, a jury will decide whether or not the defendant (doctor) is at fault and if the plaintiff (patient) will receive damages.
Medical professionals are still able to work and practice medicine during a malpractice lawsuit. In fact, they can actually still work even if found liable in court. The exception is if records were falsified or the person committed a grossly negligent act, which has caused him/her to be a danger to other patients.
Medical professionals are putting your reputation, career, and financial stability on the line when they don't protect themselves with medical malpractice insurance. All it takes is one lawsuit to break the career that they worked so hard to build.
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