A defense attorney's perspective on medical negligence litigation

Being named as a defendant in a lawsuit is an unnerving development. Proceeding through the discovery stage of a case can be a daunting prospect. Sitting through a trial, in which one's professional conduct is judged by six or twelve laypersons with little or no medical knowledge, often is gut wrenching. In this day and age, many physicians, including extremely well qualified specialists, often must deal with these realities. To cope best with these events, this article is an attempt to summarize certain legal principles that are relevant to these cases and to emphasize the practical realities that are attendant to medical negligence litigation.