Foreword by Kristi Wright
As you go through the litigation process, you’ll encounter terms that may not be familiar to you. As with any profession, the legal system has its own language, which can be confusing. Alex Hall, a Senior Claims Attorney at Curi and former defense attorney, will provide insight into the more frequently used legal terms in litigation.
As a former medical negligence defense attorney and now as a Senior Claims Attorney with Curi, I’ve witnessed firsthand how confusing legal terms can be for our insureds. The legal field uses specific terminology that may seem foreign to those unfamiliar with it. Let's break down some of the key terms used in the litigation process.
When litigation starts, healthcare providers often first encounter terms like Summons and Complaint. A Summons is a written notice filed by a Plaintiff, the patient or a court-approved designated representative, informing the defendant that a lawsuit has been initiated against them, and they are required to file an Answer to the Complaint. A Complaint (also known as a Petition) is a written statement in which the plaintiff details the claims against the defendant and the damages they seek. Damages are money a person claims as compensation for a loss or injury. Damages may be compensatory (covers the loss or injury) or punitive (intended to punish and deter future misconduct).
After the Summons and Complaint are filed, your defense attorney will prepare an Answer, a formal written statement in response to the Complaint, articulating the grounds for defense. In a civil case, the person or organization against whom the Plaintiff sues is the Defendant.
The next phase is Discovery. Discovery is the phase of litigation where the parties are able to request information and ask questions as part of investigating a matter. One common discovery tool is Interrogatories, which are questions to be answered in writing and under oath. A litigant may also be asked to give a deposition, which means answering questions from the opposing party made before an officer authorized by law to administer oaths and is recorded by a court reporter. Depositions sometimes are done by video, or in person, and can be videotaped, but not always. During a deposition, you may encounter the term Hearsay. This is a statement made by someone other than the person testifying, offered to prove the truth of the matter asserted.
As the case proceeds, you may hear various motion terms such as a motion to dismiss or a motion for summary judgment. A Motion to Dismiss, filed at the start of a case, is a request that asks the court to dismiss the case early based on the Complaint alone, arguing there is no legal or factual basis for the case to continue. A Motion for Summary Judgment, filed after discovery, similarly asks the Court to conclude that under the facts gathered during discovery, the plaintiff has not proven their case and should, therefore, be dismissed.
Another motion term is Motions in Limine, which is filed prior to trial and it requests the Judge to rule on whether certain evidence can be used at trial. During the trial, you may also hear about a Motion for Directed Verdict, which requests that the court rule in favor of the defendant because the plaintiff's case is insufficient to proceed.
After a case is decided on the merits, either by motion or trial, there may be an Appeal, which is a request by a party who has lost on one or more issues asking for a higher court to review the decision. One who appeals is called the Appellant; the other party is the Appellee.
Finally, when a case is dismissed, you may hear it has been dismissed with prejudice or without prejudice. A dismissal with prejudice means the case is permanently closed and cannot be refiled. A dismissal without prejudice allows the case to be reopened in the future.
Throughout this journey, your dedicated Curi defense team will be there to guide you, ensuring you feel confident as you navigate the complexities of the legal process.
In our next litigation blog post, Angela Pozzo, Director of Claims in the Midwest with a background as a defense attorney, will explain how we investigate cases and utilize expert reviews.
For even more information about the litigation process, you might want to check out Dr. Gita Pensa’s podcast at this link.
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