Contents Legal system Malpractice Introduction Four major elements Process of a suit Discovery The trial Consequences HCQIA oversight FAQs Avoiding malpractice Medical record Patients' rights QUIZ

The complaint and summons While a phone call or letter from a patient or attorney may be the initial indication of a potential lawsuit, a lawsuit is formally initiated when the patient alleging malpractice (the plaintiff), or his/her attorney, file two specific legal documents known as the Summons and the Complaint. The Summons names the defendant, the plaintiff, the jurisdiction of the lawsuit and when and where the named person should appear, but gives little information regarding the basis of the suit. The Complaint states in relative detail the case against the health care provider (the defendant) and outlines the basis of the suit..... including how the four elements of malpractice were fulfilled. The Summons and Complaint must be served to (given to) the defendants and filed in court in the jurisdiction where the alleged malpractice took place. The deadline for filing suit after an event (i.e. the Statute of Limitations) varies from state to state but, in Connecticut, a complaint must be filed within two years from the negligent action or omission, or two years within discovery of the negligent act or omission (but within three years of the act or omission), even if the patient is a minor when the injury occurred. In other states, the statute of limitations may start on : The date the patient knew, or should have known that he/she was a victim of malpractice The date the physician last treated the patient for the condition in question, or The date the malpractice actually occurred (whether or not the patient knew) Receipt of a Summons or Complaint, or any other indication of an impending lawsuit, should immediately be reported to the legal office and/or the health care provider's insurance carrier. Many lawsuits settle (with or without payment) soon after the filing of the Complaint. Further information about the implications of settling a suit can be found in the "Consequences" section.