What Does a Medical Malpractice Lawsuit Actually Look Like?

Most physicians never expect to find themselves involved in a medical malpractice lawsuit. And yet, for many healthcare professionals, it is a reality of practicing medicine.

One of the first questions we hear from clients is simple: "What happens now?"

The answer depends on the specific circumstances of the case, but most malpractice lawsuits follow a fairly predictable path. Understanding that process can help remove some of the uncertainty and allow physicians to focus on what matters most: their patients, their practice, and their family.

The Lawsuit Is Filed

A malpractice case begins when a patient files a lawsuit alleging that medical care fell below the accepted standard of care and resulted in harm.

For physicians, receiving notice of a lawsuit can be unsettling, particularly if it is their first experience with litigation. It is important to remember that a lawsuit is the beginning of a legal process, not a determination of wrongdoing. At this stage, allegations have been made, and the facts are still being examined.

Discovery: Building the Record

After the lawsuit is filed, both sides begin gathering information relevant to the case. This phase, known as discovery, is often the longest part of the litigation process.

Medical records are reviewed, documents are exchanged, and witnesses may be identified and interviewed. Attorneys work closely with their clients to develop a complete understanding of the medical care at issue and the circumstances surrounding it.

Many cases spend months, and sometimes longer, in this stage.

Depositions

For many physicians, the deposition is the part of the process they anticipate most.

A deposition is sworn testimony taken outside of the courtroom. Attorneys for both sides have an opportunity to ask questions about the care provided, the medical decision-making involved, and the events that led to the lawsuit.

Preparation matters. At Kutner, Corrado & Friedrich, LLP (KCF), we spend significant time preparing our clients before a deposition so there are no surprises about the process itself. While every case is different, physicians are often relieved to find that the experience is far less intimidating than they initially imagined.

Expert Review

Medicine is complex, and most malpractice cases involve expert witnesses.

Both sides typically retain physicians or other qualified healthcare professionals to review the records and offer opinions regarding the care provided. These experts help explain medical issues that may not be familiar to judges, juries, or attorneys.

Expert review often plays a significant role in shaping how a case moves forward.

Settlement Discussions and Mediation

Not every case goes to trial.

At various points during litigation, the parties may engage in settlement discussions or participate in mediation. These conversations provide an opportunity to evaluate the strengths and challenges of a case and determine whether a resolution can be reached before trial.

Whether settlement is appropriate depends on the facts, the medicine, and the goals of the parties involved.

Trial

If a case cannot be resolved beforehand, it may proceed to trial.

At trial, attorneys present evidence, examine witnesses, and make arguments before a judge or jury. While trials receive the most public attention, they are only one part of a much longer process that often begins years earlier.

Understanding the Road Ahead

No physician looks forward to becoming involved in litigation. But understanding what lies ahead can make the experience feel less unfamiliar.

For decades, KCF has represented physicians, hospitals, healthcare systems, and other healthcare professionals throughout New York. Our role is not only to provide a vigorous defense, but also to help clients understand the process, prepare for what comes next, and remain focused on their professional responsibilities while their case moves forward.

In future editions of the KCF News Room, we'll take a closer look at individual stages of the litigation process, including depositions, expert witnesses, and trial preparation.

If you have questions about a medical malpractice claim or would like to learn more about KCF's healthcare defense practice, we invite you to contact our team.