by Denita Neal, JD

Ms. Neal is Senior Risk Manager of Risk Management at Professional Risk Management Services (PRMS).

FUNDING: No funding was provided for the preparation of this article.

DISCLOSURES: The author is an employee of PRMS. PRMS manages a professional liability insurance program for psychiatrists.

Innov Clin Neurosci. 2025;22(1–3):58–59.

This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation and other resources offered to health care providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers might provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other health care professionals so “clinician” is used to indicate all treatment team members.

You have just been served with notice of a lawsuit. As a someone who has devoted your life to helping patients, the accusation that your actions—or inactions—have brought harm to a patient, cuts to the core. But take a deep breath. This does not mean the end of your career. It does not mean financial ruin. It does not mean the scorn of your colleagues. It does not necessarily even mean that you have done anything wrong. What it does mean is that you have a battle ahead that will require your time, energy, and expertise to properly fight. 

Being named in a lawsuit is an extremely stressful experience. One key to minimizing that stress is to understand the litigation process, which is presented in Box 1. In this article, we will cover the first two parts of the process.

The Litigation Process: Summons and Complaint

The Summons is a court mandate that informs the defendant that a civil action has been commenced against them and requires the defendant to appear in the case and defend. In a malpractice lawsuit the Complaint outlines the patient’s allegations against the defendant healthcare professional and may name other defendants.

Risk Management Tips

• Contact your professional liability insurance company representative as soon as you receive a Summons or Complaint. A default judgment can be entered against you if there is not a proper and timely response filed on your behalf by your defense attorney.
• Do not answer the Complaint on your own.
• Do not contact either the plaintiff directly or their attorney. 
• Do not discuss your case with anyone other than your attorney and professional liability insurance company representative. There is a natural inclination to want to discuss your lawsuit with colleagues, family members, and/or friends. Reviewing a course of treatment with a colleague may result in an individual being called as a witness in your trial, or conversely, preclude the defense from calling that individual as a witness. Discussions with anyone other than your attorney and professional liability insurance company representative may be discoverable and subsequently used against you. 

Frequently Asked Questions

Q: After receiving notice of the lawsuit, I reviewed my records and I’m not happy with some of my documentation. What should I do?

A: Once you have received notice of a lawsuit, do not make any alterations to your records. This includes attempting to recreate missing records. Do not make any corrections to the record without advice of counsel. There is no such thing as a perfect record, and when viewing your care through a “retro spectroscope,” it is quite easy to find flaws in your documentation.

Q: I see that the plaintiff has not hired an attorney and is instead representing herself. Clearly this suit is completely without merit, so can I just ignore it?

A: Absolutely not. Judges will often allow a great deal of latitude to pro se plaintiffs (people who sue on their own behalf and are not represented by counsel) so as not to appear to deny them access to the legal system. Until the case is dismissed, you should proceed as you would as if an attorney had filed the case.

The Litigation Process: Answer

The Answer is a formal written response by the defendant to the allegations in the Complaint. The defendant serves the Answer on the plaintiff and files it with the Court. In the Answer, the defendant denies in part or in whole the plaintiff’s allegations, asserts their affirmative defenses, and states a request for relief. There are time constraints for answering a Summons or Complaint. The defendant must file an Answer within the time requirements set by law in the jurisdiction where the lawsuit is filed.

Risk Management Tips

• Do not attempt to file an Answer on your own. Your defense attorney will do this. 
• Do cooperate with your defense attorney. 

In Part 2, we will cover motions and discovery along with settling versus defending.