Most doctors worry about being sued at some point in their careers. But few understand the difference between being sued and
being threatened with a suit. They don't realize that an attorney's request for a patient's records doesn't necessarily mean
that they'll end up being sued. And even if they are served with an actual complaint, that may only be the opening salvo in a long and inconclusive war.
It's important to remember that few malpractice cases actually go to trial: Most are eventually dropped by the plaintiff or
dismissed by a judge for lack of evidence. So if you're threatened with a malpractice suit—or the threat is actually carried
out—don't react hastily or in anger. If you do, you could compound your problems.
I remember an internist who reacted badly to the first suit filed against him in 20 years of practice. He complained to everyone
at the hospital who would listen: doctors, nurses, techs, orderlies. When he finally met with his malpractice carrier's defense
team, they told him to shut up.
Over the next two years, his insurer urged him many times to settle, but he refused. No greedy patient was going to ruin his
sterling reputation, he vowed. By then, however, he'd already done the damage himself. He'd shot his mouth off so much that
rumors about his lawsuit had become common knowledge in the local medical community, and some doctors stopped referring patients
to him. He finally settled the case, but it took him years before his practice fully recovered. Obviously some malpractice suits are the result of real negligence. But many more are triggered by misunderstandings, unavoidable
bad outcomes, or simply a patient's anger. If you're served with a complaint, or receive a letter threatening a lawsuit, first
take a deep breath. Don't do anything rash, and don't start complaining to your colleagues. Instead, take the following steps:
1. Notify your malpractice carrier immediately. (Most policies require you to do this as a condition of coverage.) Then send
the company's attorney a copy of the complaint or the letter.
2. Study the complaint carefully, and examine your records on that patient. If you can't recall the incident that gave rise to
the complaint, don't worry. You'll be given more specifics during the discovery phase of the case—if it goes that far.
3. Research the underlying principles in the case so that you can act as your own "expert." You'll become an important member
of your defense team if you can provide that expertise, and your attorney will be more effective.
4. If you encounter the patient—in or out of the office—be polite, and don't confront him about the suit.
5. Don't give into the temptation to talk about the case with your colleagues. If they ask, tell them your lawyer has instructed
you not to discuss it.
6. You can and should discuss the case with your spouse or partner. A support person at home will help you get through the rough
times. But caution him or her not to talk about the case with anyone else.
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