“Risk Management: I’ve Been Sued, Now What! Part 2,” Innovations in Clinical Neuroscience Journal Article by PRMS

“Risk Management: I’ve Been Sued, Now What! Part 2,” Innovations in Clinical Neuroscience Journal Article by PRMS

Our PRMS Risk Managers frequently share their expertise by contributing articles to clinical journals, including the Innovations in Clinical Neuroscience (ICNS) digital journal, throughout the year. Read an excerpt by PRMS Associate Director of Risk Manager, Charles D. Cash, JD, LLM, from ICNS’ article, “Risk Management: I’ve Been Sued, Now What! Part 2.”

In Part 1 of this series, you had just been served with notice of a lawsuit. The first two steps of the litigation process, the summons & complaint and the answer, were described. Important risk management tips were offered, including:

  • Contacting your professional liability insurance company right away;
  • Not discussing your case with anyone other than your attorney and professional liability insurance company representative; and,
  • Not making any alterations to your records.
  • In this article, we will cover the next three parts of the litigation process: discovery, whether to settle or defend, and motions.

The Litigation Process: Discovery

Discovery is the pre-trial process by which the plaintiff and defendant obtain facts and information about the case from each other and conduct an investigation in order to fully ascertain the facts and to further develop the legal theories involved in the case. There are two important tools of discovery, interrogatories and depositions. 

Read the rest of Charles' article with clarification on the litigation process, frequently asked questions, and risk management tips to consider. For part 1 written by Denita Neal, PRMS Senior Risk Manager, click here.


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Authored by PRMS.

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