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Surgical Innovation
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Anatomy of a Malpractice Lawsuit

Haley A. Prevatt, BBA

University of Kentucky College of Law

T. Cornelius Sturgill, Jr, JD

Seif and Austin, PLLC

J. Brent Austin, JD

Seif and Austin, PLLC

Elizabeth R. Seif, JD

Seif and Austin, PLLC

Richard W. Schwartz, MD, MBA

University of Kentucky Department of Surgery, Lexington, Kentucky, rschw01{at}email.uky.edu

Given the prevalence of medical malpractice lawsuits, physicians are often thrust into the legal world without the education of a juris doctor. The risk of facing suit varies among specialties, but there is no guarantee any physician will proceed through his or her career without being a defendant in a lawsuit. Every physician stands a significant chance of being sued. Although a lawsuit is an exhausting and intimidating situation in and of itself, the ramifications of a plaintiff's verdict could have chilling effects on the physician's life, both professionally and personally. Therefore, it is imperative that every physician have an understanding of the legal process of which he or she may become involved. This article provides a practical guide for the physician, including the fundamental procedures of a medical malpractice lawsuit, the behavior that will be expected or required of the defendant physician, and the effect of disobeying the required procedures.

Key Words: medical malpractice • litigation • physician defendant • elements/process of medical malpractice lawsuit

Surgical Innovation, Vol. 14, No. 1, 62-64 (2007)
DOI: 10.1177/1553350607299776
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