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Lawsuit Filed...
Lawsuit Filed, Now What? Power Point
| Question | Answer |
|---|---|
| What do some states require prior to filing a lawsuit? | Presuit; therefore, you might receive a presuit notice |
| First Indications You Might Be Sued... | Presuit notice; Claim review by a medical review panel; Request for records from the accuser or their attorney |
| If you have liability insurance, what might they do for you? | Appoint an Attorney, but you have the right to hire add'l or an independent defense counsel that privately reports only to you |
| What happens if the insurance carrier denies coverage of the claim, or you don't have insurance? | Find your own lawyer! |
| When records are requested, what do you do? | Advise with attorney to know what records are privileged before sending any requested records; Records aren't privileged after you provide them to the plaintiff! |
| What do you do next? | Notify insurance carrier of the potential claim; Don't alter, add, or change records; Keep copy of what's sent to plaintiff; Verify legal authority of requesting person to obtain records (HIPPA, State timeline for record production) |
| Presuit- Plaintiff is aka? Defendant aka? | Claimant; Respondent; Both can take unsworn statements of key witnesses & conduct limited discovery, negotiate & attempt to resolve w/o expensive litigation |
| Lawsuit Filed- what should be determined first? | Has case been filed within statute of limitations? Then complaint is served upon the defendant (usually a time limit to serve; time limit also for defendant to respond to complaint) |
| First Option When Responding to the Complaint | File a motion to dismiss complaint: Must be based on good-faith belief of defense attorney that grounds exist to dismiss it |
| A motion to dismiss a complaint is defined as... | A request that the court dismiss the case b/c of settlement, voluntary withdrawal, or a procedural defect |
| Second Option When Responding to the Complaint | Answer the Complaint |
| If answering complaint, each paragraph in complaint must be answered with... | Either admit, deny, or without knowledge therefore denied |
| When answering complaint, defense may put forth affirmative defenses | Defendant's assertion raising new facts & arguments that, if true, will defeat the plaintiff's claim, even if allegations in the complaint are true |
| Affirmative Defense Examples | Statute of Limitations expired; Collateral payments, a 3rd party is at fault; Plaintiff was also negligent |
| 4 Types of Discovery | Interrogatories; Request of Production; Request for Admissions; Depositions |
| What are interrogatories? | Questions the other party must answer within a specified period of time; Limited number that one party can require of the other party; Usually a specified time allowing answering of interrogatory; Usually performed under oath & notarized |
| Examples of Interrogatories | What damages the party is claiming; Who knows anything about the facts of the case; Has any other party paid for some medical bills |
| Requests for Admissions | Narrow the facts in dispute; Defense may ask plaintiff for admission that they received an explanation of the risks & benefits of a certain procedure; Then defense doesn't have to prove in trial & info can be used in opening statements |
| Request for Entry | When medical equipment is involved in case; Plaintiff may want an expert to evaluate the equipment |
| Depositions | Expensive discovery; Fact gathering from possible witnesses; Credibility of witnesses; Not uncommon for them to be videotaped |
| Hearings- before a judge to determine particular issues throughout the litigation process | Motions to: dismiss, compel, for protective orders, for summary judgements, for partial summary judgements |
| Pretrial | Judge issues trial order; Plaintiffs will disclose experts & subject matter; Defense discloses experts to be used; Depositions of experts scheduled & taken |
| What is another name for jury selection process? | Voir Dire: preliminary exam of a prospective juror to determine if that juror is qualified & suitable to serve |
| 2 Ways to eliminate potential juror | For cause (bias that can't be overcome; usually no limit to # of potential jurors that lawyers can eliminate for cause); Pre-emptive challenge (juror removed w/o reason; 3 per side; race-neutral) |
| What are the parts of a trial? | Opening statements; Plaintiff's case; Defendant's case; Closing arguments; Jury instructions; Jury deliberations; Post-trial motions & final judgments; Appeals |
| Alternative Dispute Resolution- Arbitration | Involves 1 or more neutral 3rd parties who are agreed by both side; Decision of these 3rd parties is binding |
| Alternative Dispute Resolution- Mediation | Non-binding dispute resolution; Neutral 3rd party who tries to help the disputing parties to reach mutually agreeable solution |
| Alternative Dispute Resolution- Settlement | Agreement ending dispute or lawsuit; May be at any time during litigation process |
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