You’ve Been Served. Now What?: A Physician’s First 30 Days

Receiving legal papers naming you in a medical malpractice lawsuit can make an ordinary day feel anything but ordinary.

Even physicians who understand that litigation is an inherent risk of practicing medicine are rarely prepared for the experience of seeing their own name on a summons and complaint. The allegations may feel deeply personal, the legal language may be unfamiliar, and the natural instinct is often to begin reconstructing the case immediately: What happened? What do I remember? Could I have done something differently?

Those questions are understandable. But the first days after being served are not the time to investigate the case on your own.

They are the time to make sure the right people are involved, preserve what already exists, and allow the defense process to begin.

Start With the Right Phone Call

If you receive a summons, complaint, notice of claim, or other legal papers relating to patient care, notify your professional liability carrier or the appropriate risk management contact promptly and follow the reporting requirements applicable to your coverage.

Do not assume someone else has already done so simply because your employer, hospital, or another physician is also involved.

Once the claim has been reported, the process of assigning defense counsel can begin. Your attorney will help you understand what has been alleged, what happens next, and what will be expected of you as the case moves forward.

That early guidance matters. For most physicians, litigation is unfamiliar territory. For experienced medical malpractice defense counsel, it is not.

Resist the Urge to “Fix” the Record

One of the first things a physician may want to do after learning about a lawsuit is return to the patient's chart.

There is an important distinction, however, between reviewing a record as part of your defense with counsel and changing or supplementing documentation after litigation has begun.

Do not alter, add to, annotate, or attempt to clarify an existing medical record unless specifically advised that doing so is appropriate. Records, electronic communications, messages, images, and other materials related to the patient's care should be preserved.

The medical record will become an important part of the case. Let it speak for itself as it existed at the time.

Be Thoughtful About Who You Talk To

When something as significant as a lawsuit enters your life, wanting to talk about it is natural.

But conversations about the underlying care, the allegations, or your recollection of events should be approached carefully. Casual discussions with colleagues are not necessarily protected simply because they occur between medical professionals.

The same caution applies outside the workplace. This is not a matter to discuss on social media, in text-message threads, or in other informal communications.

Your attorney can explain when communications are protected and help identify the appropriate people with whom to discuss the case.

That does not mean you need to carry the emotional weight of litigation alone. It means separating the support you may need personally from conversations about the facts and strategy of the lawsuit itself.

Don’t Try to Build Your Own Defense

Physicians are trained to analyze complicated problems. When faced with a malpractice allegation, that training can make it tempting to begin researching the medicine, searching for literature, reviewing every detail of the chart, or contacting people who were involved in the patient's care.

Your defense team will do that work with you, methodically and at the appropriate time.

Early in the case, your attorney will want to understand the medical care at issue, your role in it, the documentation that exists, and your recollection of the events. There will be opportunities to review the medicine, discuss the allegations, consult experts, and prepare your testimony.

You do not need to solve the lawsuit in the first week.

What Happens Next

Medical malpractice litigation rarely moves quickly. After the initial flurry of activity, there may be long stretches during which very little appears to happen from the physician's perspective. This is normal.

Your defense attorney will review the pleadings and medical records, begin evaluating the allegations, communicate with the carrier and other counsel, and guide you through the stages that follow. Eventually, that may include written discovery, expert review, a deposition, motions, settlement discussions, or trial preparation.

Not every case follows exactly the same path, and many malpractice cases never reach a courtroom.

The important thing during those first 30 days is not to anticipate every possible outcome. It is to establish a strong foundation for the defense and understand your role in the process.

Experience Matters From the Beginning

For decades, Kutner, Corrado & Friedrich has represented physicians and other healthcare professionals throughout medical malpractice litigation in New York.

We understand that receiving legal papers can feel urgent and deeply personal. We also understand the process that follows and the importance of giving physicians clear, practical guidance from the beginning.

Being served starts a legal case. It does not determine its outcome, and it does not define the physician whose name appears on the complaint.

If you have questions about a medical malpractice claim or the defense process, Kutner, Corrado & Friedrich is available to help you understand what comes next.