Your suit may be dropped or dismissed shortly after the original filing, or it may take years to go through the entire trial and appeal process. In Massachusetts, the majority of suits take at least three years after the filing date to reach trial.

If you find yourself being named as a defendant in a malpractice suit, it may well be your first exposure to civil litigation. While you will probably wish it would just go away, you cannot ignore it no matter how you feel about the merits of the claim.

Every case follows its own path to conclusion, but this illustration depicts common steps in the process. Understanding what your involvement is likely to be along the way helps strengthen your ability to cope with what can be a long and drawn out course of events. While you will face occasional spurts of activity related to your case, you may not hear anything new about the proceedings for extended periods of time. Of course, for case-specific information, contact your CRICO claim representative or defense attorney.




Case Chronology: One physician’s humorous take 

Alternate stages as described by a physician named in a case.
How Dr. Cronin Coped
Confused woman looking at a large scribble

This page is an excerpt of a full issue of Insight.

CRICO Insight Library Home

CME: The Massachusetts Board of Registration in Medicine has endorsed each complete issue of Insights or 30-minutes of podcast episodes as suitable for 0.5 hours of Risk Management Category 1 Study in Massachusetts. You should keep track of these credits the same way you track your Category 2 credits.

Related Content

    1x1_auto_0142

    Clinicians are Far from Alone During a Lawsuit

    Podcast
    The defendant is the single most important witness at trial. In many cases, the outcome of a trial will come down to whether or not the jurors like and trust the defendant. For this reason, defense attorneys and malpractice insurers are offering defendant clinicians more support services to prepare for testimony and cope with stress.
    Hiller Zobel

    Doctors and the Law: A Judge Offers a Peek Behind the Gavel

    Podcast
    Unlike other areas of modern clinical practice, there still isn’t much training in medical school around what to do or what not to do as a malpractice defendant, or an expert witness for someone else’s case. In a one-on-one interview, author and retired Massachusetts Superior Court Associate Justice Hiller B. Zobel offers some sage how-tos and reassurance as he highlights the second edition of his book, “Doctors and the Law: a guide for physicians entering uncharted waters.”
    artistic display of medical instruments

    Understanding “Standard of Care” A Doctor and a Lawyer Share from the Medmal Front Lines

    Podcast
    For many in the medical profession, some of the basics of law and malpractice claims are a little mysterious. The key question about negligence is whether or not the provider failed to meet the “standard of care.” But how do we know what the standard of care is? We hear from a lawyer and and a doctor about what they've learned working in the world of medical errors and malpractice law.
X
Cookies help us improve your website experience.
By using our website, you agree to our use of cookies.
Confirm