Being involved in a medical malpractice claim is not an uncommon experience among the practicing physicians in the United States. The annual rate of paid malpractice claims across all specialties is 14.1 per 1,000 physician-years, while anesthesiologists have a lower rate of 11.7 per 1,000 physician-years in the U.S. (JAMA Intern Med 2017;177:710-8). A recent study found that 41.5% of anesthesiologists over the age of 55 had been sued in their career (Policy Research Perspectives 2023:13). To most physicians, a medical malpractice lawsuit is an unpleasant introduction to the legal system, and with little formal training in litigation, physicians are understandably apprehensive and anxious when sued. In this article, we provide a brief, guided tour through the key steps of a lawsuit with the goal of demystifying the litigation process and empowering you to make sound decisions.
A medical malpractice lawsuit is a civil legal action...