Very few things in life can be worse than suddenly finding yourself in a lawsuit. Regardless of whether you are being sued for malpractice, the target of a disgruntled former employee, or facing pressure from your practice’s creditors, getting a legal complaint accusing you of some misconduct can be emotionally and financially devastating.
How Will I Know If I Have Been Sued?
Sometimes you will know before a lawsuit is filed because the plaintiff or his or her attorney will send you a demand letter, threatening that you will be sued if you do not take action. Other times, you will not know until a process server arrives on your doorstep with a complaint. Either way, a party to a lawsuit must, with very few exceptions, personally serve you with legal papers to initiate the lawsuit.
What Do I Do If I Am Served With A Complaint?
If you are served with a lawsuit and you already have an attorney involved, immediately notify the attorney and send a copy of the complaint to his or her office. If you do not have an attorney involved, contact one immediately. You have a limited time to file your answer to the complaint, usually 20 days. The worst thing you can do is to ignore the complaint because, if you do, a default judgment may be entered against you, and you may forever waive your ability to challenge the complaint.
What Are The Stages In A Lawsuit?
Lawsuits generally proceed according to a set of rules known as the Arizona Rules of Civil Procedure. Once the complaint is filed, the defendant will file an answer. The next step is the disclosure process, where each side must disclose all evidence they believe to be relevant to the case, whether favorable or unfavorable. Then, the parties engage in discovery, which includes written interrogatories, requests for production, subpoenas and depositions. Usually at or near the close of discovery, the parties will have an opportunity to file a motion for summary judgment, in which one side, usually the defendant will argue that the other side has failed to establish any issues of fact, and that they are entitled to judgment as a matter of law. Only then will the matter proceed to trial. At any point during the process, the Court may also order the parties to attend a mediation to determine whether a settlement of the dispute is possible.
How Long Will A Lawsuit Usually Last?
This can be unpredictable, and a lot of this will depend on both your attorney and opposing counsel, but litigation takes time to wind its way through the Arizona court system. At a minimum, expect a case to take 18 months from the time the complaint is filed until the case finally reaches trial. Most cases take between two to three years to reach the trial stage, and some can last even longer depending on the circumstances.
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While we are making an effort to share general knowledge with the dental community and answer dentists’ questions, this not a substitute for individualized advice from an experienced healthcare lawyer. If you would like to speak with our attorneys and have them take an in-depth look at your particular situation, please feel free to contact us directly.