Foreword by Kristi Wright
Now that you’ve been served with a lawsuit, what can you expect? Kristen Janicek, Director of Claims Operations, will walk you through what you should and should not do after you’ve been served with a lawsuit. With her background as a medical malpractice defense attorney and registered nurse, she’s well-equipped to guide you through the critical steps to take after being served with a lawsuit.
Receiving a medical negligence lawsuit can be one of the most emotionally charged experiences in your career as a physician or healthcare provider. After years of rigorous training, sleepless nights during residency, and personal sacrifices to care for the ill, being sued may feel like a slap in the face. In this unfamiliar territory, it's normal to feel scared, vulnerable, and alone.
You're Not Alone
Approximately one in three physicians will be sued during their careers, with the odds rising to nearly half for those aged 54 and older, according to AMA reports from 2016-2022. Medscape reported that more than half of physicians will be named in a lawsuit at some point in their careers. Being named in a medical negligence lawsuit is a common and highly stressful experience.
Immediate Steps to Take
If you find yourself named as a defendant in a medical negligence lawsuit, your first step should be to contact Curi Insurance. Lawsuit responses must be filed with the court, and timing is crucial. It is important to let us know as soon as possible.
Your Curi claims consultant will be available to discuss the matter with you promptly. Be prepared to provide them with copies of everything you’ve received to date. Your claims consultant will confirm your coverage and retain an attorney to represent you in the medical negligence lawsuit. Keep in mind that this process may take several business days.
What to Avoid
After being served, there are key actions to avoid until you receive guidance from your attorney. Curiosity will undoubtedly lead you to wonder about the medical care at issue. You may be tempted to access your facility’s electronic medical record system and review the patient’s chart; this is inadvisable. Not only do privacy concerns arise, but audit trails will document your access, which plaintiff’s attorneys may exploit. If a plaintiff’s attorney can skew data to make it look like you were nervous or concerned about the care you provided, they undoubtedly will. Your attorney will obtain the necessary medical records for you to review.
Similarly, you may want to discuss your case with colleagues or friends—whether by phone, text, or email—which can have unintended consequences. Such conversations may be discoverable during litigation. What if your colleague thought you should have run a different test or called for a consult? Suddenly, your colleague may have unwittingly become the plaintiff’s star witness! Certain conversations are privileged and not subject to discovery. Always consult your attorney before discussing the details of the lawsuit.
Practice Self-Care
The waiting period between notifying Curi and speaking with an attorney can be particularly stressful. Especially because we’ve just told you not to access the record or speak with colleagues. Use this time for self-care—spend time with loved ones, engage in outdoor activities, or practice meditation. Remember, being named in a lawsuit doesn’t mean you did anything wrong. Often, unexpected clinical outcomes arise from underlying disease processes or known complications, not from inadequate care. It is not a reflection of your value as a physician or as a person.
As quickly as possible, the attorney assigned by Curi will reach out to you. This attorney will be skilled in representing physicians in medical negligence lawsuits. He or she will go over initial instructions and provide you with a broad overview of the litigation process. Their experienced team will handle the bulk of the lawsuit, allowing you to return to your practice.
Communication is Key
Litigation is a marathon, not a sprint. Lawsuits can, and often do, last for years. Share your communications preferences with your attorney and claims consultant so they understand how often you’d like to receive updates throughout the litigation process. Some physicians prefer frequent updates, while others want information only as needed—there's no right or wrong approach.
Support Through the Process
Lastly, Curi provides Peer Consultants to its insureds going through the litigation process. These Peer Consultants are physicians and psychologists who have navigated the litigation process before. They are ready and willing to help you with insights into what to expect. If you are interested in discussing your case with a Peer Consultant, please reach out to your Curi claims consultant.
In our next blog, we will explore the emotional impact of litigation and Curi’s Peer Consultant program designed to reduce stress for our providers. We'll introduce Dr. Luisa Todd, an Emergency Room Physician and one of our peer consultants, who will share her experiences and the role of a peer consultant.
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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