Foreword by Kristi Wright
Facing a lawsuit can be an overwhelming experience for healthcare providers. The first step is to get in touch with your medical malpractice insurance carrier. While you’re sure to have questions and may find it intimidating to grasp the various roles involved and understand who may be trusted, remember that you’ll have a supportive team by your side. Ashley Younger, a Senior Claims Attorney at Curi, will shed light on the essential players in this process. Specialized in claims and dedicated to supporting healthcare professionals, Ashley is the perfect guide for this topic.
As Kristi says, at Curi, we understand that being named as a defendant in a medical negligence lawsuit can be an incredibly distressing experience for healthcare professionals. Rest assured, as a Curi insured, you have a dedicated team by your side every step of the way, ready to guide you through this challenging process and familiarize you with the essential players involved.
As a Senior Claims Attorney, I consider it an honor to advocate for our insureds during trying times. Our commitment is to ensure that your care is thoroughly evaluated and vigorously defended. One of the first key players you’ll encounter is your Curi claims consultant. Each insured is assigned to a specialized and dedicated claims consultant who will support you throughout the entire litigation process. Our claims consultants come from diverse backgrounds, including having extensive experience in claims handling, and with clinicians and medical malpractice defense attorneys.
At the onset of the litigation, your claims consultant will help connect you to a member of our Clinician Peer Consult Program and assign defense counsel, who will work in collaboration with you and your claims consultant to defend your care. We’re here to answer any questions you might have about your coverage and the resources Curi offers, such as the Clinician Peer Consult Program, to inform and empower you throughout this process.
Curi’s Clinician Peer Consult Program is designed to provide you with emotional support. A peer consultant—who understands the stresses you’re facing—listens to your concerns and helps you navigate the complexities (and resulting emotions) of a lawsuit. They can also direct you to additional resources to help you cope, and along with your claims consultant, they are available to you throughout the litigation process.
Next, let’s talk about your defense counsel, a crucial ally during this time. Curi has built strong partnerships with experienced attorneys across the nation, who specialize in malpractice defense for doctors, hospitals, and other medical care providers. Upon notifying Curi of your lawsuit, your claims consultant will assign a defense attorney to your case. Before this assignment, we consider the facts of the case, the opposing attorney, what we know about the patient, and most importantly, your unique perspective and needs. You and your defense attorney will work closely to evaluate the plaintiff’s claims and allegations. It is critical that you participate in your own defense. Let’s be honest, you are the primary expert regarding the medical care provided, and by enlisting the best and the brightest attorneys, together we will build a robust defense strategy. Our goal is to provide you with the assurance and confidence that your attorney will zealously represent your interests.
The plaintiff in a med mal lawsuit can be the patient or a court-approved designated representative. For example, if the patient is no longer living or is a minor, they may be represented by their estate, or a legal guardian. Along with a patient, their spouse may also be a named plaintiff. The plaintiff will be represented by plaintiff counsel. Your claims consultant will collaborate with our team and your defense counsel to gather insights about the plaintiff and the plaintiff's counsel, which helps us understand their objectives and evaluate the strengths and weaknesses of their case.
Often, the plaintiff will also identify an expert, hired by plaintiff’s counsel to address the standard of care violations that have been alleged against you and any codefendants. The standard of care is a legal term that refers to the degree of care that a reasonably competent healthcare provider with a similar background would exercise under the circumstances that led to the alleged malpractice. To counteract the plaintiff’s expert, your claims consultant and defense counsel will secure experts on your behalf. Through these experts, we will work diligently to assess the plaintiff’s claims and the defensibility of care provided, and guide you on whether to proceed to trial or explore early resolution options.
Throughout this journey, your dedicated Curi defense team will be there to support you, ensuring you feel confident as you navigate the complexities of the legal process.
Stay tuned for our next blog, where Diego Rojas, VP of Claims, who has an extensive background in defending healthcare providers will outline the typical timeline of a lawsuit.
Should you want additional information about the litigation process, we suggest listening to Dr. Gita Pensa’s podcast: Doctors and Litigation: The “L” Word: First Steps, You’ve Been Served.
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