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The Sullivan Group

Anatomy of a Medical Negligence Lawsuit

Emergency physicians and other clinicians are likely to be named in a lawsuit at some point in their careers, whether justified or not. In the event of a lawsuit, a defendant practitioner can do much to mitigate or avoid exposure to liability and related stress. However, most clinicians receive little or no training in these areas; they are ill equipped to navigate the medical malpractice terrain the first time they are named in a suit and they do not understand how decisions they make in everyday practice may contribute to their exposure to charges of malpractice. Knowledge of medical malpractice-related aspects of the legal system and associated subject areas can play a major role in reducing litigation-related stress and exposure to liability and help make clinicians critical members of the defense team. In addition, through understanding the key elements required to successfully make a malpractice claim, clinicians can make changes in their practice to both improve quality of care and lower their risk of malpractice.

This activity will help practitioners become familiar with key theories and procedures related to medical malpractice litigation. We discuss real cases and outline the Do’s and Dont’s for practitioners in the event of a lawsuit. After completing this activity, practitioners should be able to: identify potential high-risk medical-legal situations that increase the risk of a claim of medical negligence; apply knowledge of the defenses to a medical negligence claim to clinical practice in order to minimize malpractice risk while providing high-quality care; and integrate an understanding of the standard of care into the evaluation and management of patients cared for in the acute care setting in order to minimize malpractice risk while providing high-quality care.

Credit & MOC Details

Credit information is provided by the course provider. We recommend confirming credit eligibility with the provider or your licensing board before starting the activity.

Credit types

AMA PRA Category 1 Credit™Up to 2 credits

MOC types

ABIM — Medical KnowledgeUp to 2 pointsABIM — Patient SafetyUp to 2 points

FDA REMS

No

Qualifies for MIPS

No

Target Specialties

  • Case-based learning
  • Credit · Up to 2 credits
  • MOC · Up to 2 points
  • Fee · varies
  • Released
    Jul 7, 2025
  • Last day to claim credit
    Jul 7, 2028 2 years left

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