practice of Medicine


You Filed a Claim. Now What?

May 24, 2023

Take Care of Yourself: Personally and Professionally


  • It is important to keep information related to a medical malpractice case confidential for a number of reasons. First, information that is disclosed to someone other than your attorney could be used against your defense in court proceedings, potentially resulting in a negative outcome. Second, discussing the case with someone outside the legal team could jeopardize the outcome of the case, potentially leading to a dismissal or unfavorable ruling. Next, disclosing potentially case-related information can lead to the development of inaccurate rumors that can affect your professional reputation and that of the healthcare facility. And last, information that is shared by someone who is not involved in the case may contain inaccuracies or misrepresentations, which can cause confusion or undermine the proceedings
  • For these reasons, it is best to keep information related to a potential medical malpractice case strictly confidential and only disclose such sensitive information with assigned defense counsel as these communications are often protected by attorney-client privilege.
  • Conversations about the case with others, such as work colleagues or social acquaintances, are not protected by attorney-client privilege and can be accessed by opposing counsel. This could be especially troubling for your defense.

Peer Support

  • We understand you may wish to speak with someone about the impact litigation is having on you personally and professionally, which is why we encourage you to lean on a MagMutual peer supporter – a medical provider who has personally experienced a claim and is trained to offer support and guidance. They have seen it all and understand the unique pressures associated with being sued for medical malpractice. They can provide invaluable advice and insight as well as emotional support during the claim process.

Your Personal Financial Health

  • There are several steps you can take if you are concerned about the personal financial impact of a medical malpractice law suit.
  • First, make sure you have adequate insurance coverage. Check your insurance policies to ensure that you have sufficient coverage.
  • Next, consult with a financial planner or estate lawyer for information specific to your personal situation.
  • While rare, any verdicts in excess of policy limits will be the personal responsibility of the defendant clinician(s) and not insured nor indemnifiable by MagMutual. Therefore, you have the right to seek and pay for independent legal and financial advice to further protect your interests concerning the claim.
  • Finally, remain calm and think logically. The process of filing and responding to a medical malpractice lawsuit can be stressful and overwhelming. Stay focused on the facts and composed to increase the chances of obtaining a favorable outcome.
  • By taking these steps, you can help reduce your worry about the potential financial impact of a medical malpractice law suit.


The information provided in this resource does not constitute legal, medical or any other professional advice, nor does it establish a standard of care. This resource has been created as an aid to you in your practice. The ultimate decision on how to use the information provided rests solely with you, the PolicyOwner.