Who Is Involved in a Malpractice Suit

Who Is Involved in a Malpractice Suit

A lawsuit is a long process involving many people that only grows in scale depending on the kind of suit at hand. Here is who is involved in a malpractice suit.

The Plaintiff

The plaintiff is the one who brings the case against someone else in a court of law. Therefore, in a medical malpractice suit, the plaintiff is the patient whom the physician harmed. The plaintiff will likely have a lawyer who guides them through the legal process and organizes their case.


The Defendant

The defendant is the party who receives the plaintiff’s charge and allegedly committed harmful action against them. With regard to medical malpractice cases, the defendant is either the attending physician in the wrong or the larger medical institution, such as a hospital. The defendant will also have their own lawyer who accompanies them through the legal hoops and responds to the charges of the plaintiff.

The Insurance Provider

Insurance providers are an essential party who become involved in medical malpractice lawsuits. If a doctor or nurse has a malpractice insurance policy, chances are they will have the financial and legal aid of an insurance company behind them. Though there are many types of medical malpractice insurance companies, they all will likely help the doctor find a lawyer and manage all money-related matters for the defendant.

The Witnesses

In every legal situation, witnesses are unbiased parties that offer their most objective recounting of an event or situation. Eyewitnesses are those who, in the example of a malpractice suit, saw the injury occur or saw the damage in the aftermath. In many malpractice cases, the plaintiff and their lawyer must establish that the doctor acted negligently, so they will need an expert witness in that doctor’s specialty. The expert witness will testify that a competent doctor in their specialization would operate with a standard of care far above what the plaintiff experienced. Both kinds of witnesses are essential for plaintiffs to win their case.

If you are thinking about pursuing legal action, you should know who is involved in a malpractice suit. Reach out to a lawyer and schedule a consultation to help you get the compensation you deserve.

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