Home / Claims / What Happens Now / The Litigation Process

Once a suit is filed against you, it begins passing through four major phases. How many phases are completed will depend on the demands and relative strengths of the plaintiff's case and of yours.

The four major phases to the litigation process are:

The Complaint
In this first phase, the plaintiff states the allegations of malpractice. These allegations may be very general or they may be specific. You will respond to these allegations through your attorney and a document called an "answer."

Disclosure/Discovery
To properly represent their clients in court, both plaintiff and defense attorneys must have access to any and all information that might be pertinent to a case except information protected by privilege. This includes information available to the opposing side. During the second phase of the litigation process, an attorney is permitted to "discover" such information, much of it by gathering medical records and by questioning the other side's potential witnesses through the deposition procedure.

Settlement Conference
In medical malpractice cases, a settlement conference is mandatory and unless your attorney tells you your presence is optional, you must attend the settlement conference. It is usually held after discovery is complete, and the parties know the relative strengths and weaknesses of their case. The settlement conference is held with a judge or, as is more common, with a private mediator retained by the parties. Generally a half to full day in length, the settlement conference includes the parties involved and their attorneys; your Claim representative usually is present, too. Your attorney will discuss the strengths of your defense. You are not expected to defend yourself.

It's important to note that providing your consent to settle does not mean the case will settle. However, relatively few malpractice suits actually reach the courtroom and fewer still are ultimately decided by juries.

Trial
Your trial will be the culmination of intensive planning and preparation. The importance of your contribution cannot be overstated. The case will be heard either by a judge or a jury and a verdict rendered.

Appeal
A verdict can be appealed. An appeal is not a retrial, but an examination of the record to verify that the original trial was conducted without legally significant error. Relatively few appeals result in overturned verdicts.

Avoiding "Next Time"

Whatever results from your malpractice litigation, one thing is certain: it's an experience you will not be anxious to repeat.

How do you avoid it?

Loss prevention is a major focus at MICA. We conduct regular seminars, perform office audits and prepare frequent publications and other materials that suggest procedures you can follow to help avert and defend claims of negligence.

We urge you to use MICA as a resource.