Understanding the Initial Claim

A malpractice claim starts when you receive a “summons and complaint” detailing the allegations. Notify your professional liability insurer immediately so they can appoint a defense attorney. Avoid direct contact with the plaintiff or their lawyer.

Working with Legal Counsel

Once assigned, your attorney will guide your defense: gathering facts, responding to the claim, communicating with opposing counsel, and handling key legal steps. Be open and thoroughly share all relevant records and information.

The Discovery Phase

Discovery is a formal exchange of information between both parties. It may include written questions (interrogatories), document requests, and depositions where you give sworn testimony. Preparation and honesty are critical during this phase.

Possible Outcomes

Most claims are resolved without a trial. Cases may be dismissed, settled, or resolved through mediation or arbitration. If the case proceeds to trial, your lawyer represents your interests before a judge or jury.

Protecting Yourself

A malpractice claim can be emotionally taxing. Seek support from trusted colleagues or professionals and stay engaged in your defense. Knowing your rights and staying proactive with your legal team are crucial for the best outcome.

Take the Next Step

If you are currently facing a malpractice claim, or if you simply have questions about your legal rights and responsibilities in your profession, it is crucial to seek knowledgeable legal advice. We encourage you to contact our firm today. Our experienced team is dedicated and ready to provide the comprehensive guidance and representation you require to navigate this challenging process and protect your professional future. Reach out to our office today to schedule a consultation with a member of our legal team.