Notifying Your Doctor of Medical Malpractice: What To Say or Do

John Fisher
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Stopping Medical Injustice

Suing a negligent doctor or any other person is definitely mystifying to most people. Patients who have been injured by a negligent doctor have been through such horrible ordeals in which they have endured so much pain and suffering.  Holding the bad doctor accountable simply adds to that ordeal. 

The experienced Kingston, New York medical malpractice attorney has immense empathy for medical malpractice victims.  Seeing the types of harms that medical malpractice inflicts upon patients has taught the experienced attorney how victims feel and how their view of the world has changed. 

The pain, fear, and confusion caused by their injuries often spreads into other areas of their lives, including into their thoughts about suing the negligent doctor.  Obviously, the injured plaintiff knows that that the doctor must be told about the lawsuit.  Most patients do not know how this happens.

First and foremost, the patient who has been hurt by a doctor should not directly contact the doctor to discuss the impending legal action.  The patient has retained an attorney for a reason, and that reason is to handle the case for the patient.  If the patient has not yet retained an attorney, the patient should do so immediately.  Doctors have lawyers too, so the patient should make sure to have the strength of an experienced medical malpractice attorney on their side so that the patient does not get taken advantage of. 

In every medical malpractice suit, two primary entities must be notified about the law suit; the court where the case will be tried and the defendant(s).  The same paperwork that goes to the court must also be given to the defendant. 

The paperwork consists of the summons and complaint.  The complaint informs the defendant on all the things that he or she did wrong to the plaintiff during the course of medical treatment.    It names names, states dates and locations, and asks the court for compensation. 

The summons instructs the defendant to answer to the complaint.  Specific information is included such as the state, county, and court in which the lawsuit will be held. 

The injured plaintiff’s attorney will draft these documents and a professional process server will make sure that the defendant receives the paperwork.  The best way to deliver the paperwork to the defendant is by what is called personal delivery. 

Personal delivery is exactly what it sounds like.  The paperwork is brought directly to the doctor at his or her place of business.  The summons and complaint can be given directly to the doctor him/herself, or given to an authorized person at the office.

There are other forms of service of process and if the defendant is a government agency, some extra rules may apply throughout the entire commencement process.  

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

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