The Top 10 Things Every New Doctor Should Know About Litigation
Congratulations to everyone on completing match day! Starting your medical career is a huge achievement—but it also means stepping into a profession where the risk of being sued is very real. Medical litigation is something all doctors need to understand, not just to protect themselves, but to provide the best possible care. Here are the top ten things every new doctor should know about litigation:
Anyone Can Be Sued—Even If You Did Everything Right
Malpractice lawsuits can happen even when you’ve followed all the right steps. A bad outcome, poor communication, or even patient dissatisfaction can trigger legal action. Being sued doesn’t mean you were negligent, but it does mean you’ll need to defend your actions.
Malpractice Isn’t Just About Mistakes
Not all lawsuits are based on medical errors. Many stem from communication breakdowns, delays in care, informed consent issues, or documentation problems. In some cases, the perception of negligence matters more than the reality.
Documentation Is Your First Line of Defense
Your notes are your legal record. A well-documented chart can support your clinical decisions and protect you if care is questioned. Document clearly, objectively, and in real-time whenever possible. If you didn’t write it down, it’s hard to prove it happened.
Informed Consent Is a Legal Requirement
Consent is more than a signature—it’s a process. You’re legally obligated to explain risks, benefits, and alternatives in a way the patient understands. Document the conversation thoroughly. Informed consent protects the patient and you.
You’re Legally Responsible for Your Decisions
Even as a resident or intern, you can be named in a lawsuit. Following orders doesn’t absolve you of responsibility. If something doesn’t feel right, speak up. Courts often look at whether you acted within the standard of care for your training level.
Litigation Takes Time—And a Toll
A malpractice suit can take years to resolve. It may involve depositions, expert testimony, and emotional stress—even if you’re eventually cleared. Understanding the process ahead of time can help you handle it more effectively if it happens.
Your Malpractice Insurance Is Crucial—Know It Well
Most hospitals or employers provide malpractice coverage, but you should know what’s included: limits, exclusions, and whether you need tail coverage when you leave. If you’re moonlighting or doing telemedicine, verify that you’re covered for those services too.
Good Communication Can Prevent Lawsuits
Patients who feel respected and informed are far less likely to sue—even if something goes wrong. Simple things like listening, making eye contact, and explaining medical decisions in plain language can build trust and reduce legal risk.
Honesty Is Important—But Be Smart About It
If something goes wrong, don’t lie or attempt to cover it up. That can turn a simple case into a legal disaster. However, before discussing errors with a patient or family, consult with your attending, hospital risk management, and/or legal department to make sure it’s done properly.
You’re Not Alone—Support Systems Matter
If you’re named in a lawsuit, lean on your legal team, mentors, and mental health support. The experience can be isolating and emotionally taxing, but it’s more common than you might think. Many great doctors have gone through it and come out stronger.
Final Thought
Litigation is an unfortunate part of modern medicine, but it doesn’t have to define your career. The best protection is being proactive: practice good medicine, communicate clearly, document everything, and understand your legal responsibilities. With knowledge and preparation, you can reduce your risk and focus on what matters most—taking care of your patients.
Christine L. Stanley is a healthcare law and medical negligence defense attorney with Sturgill, Turner, Barker & Moloney, PLLC. She can be reached at cstanley@sturgillturner.com or (859) 255-8581. This article is intended as a summary of state and/or federal law and does not constitute legal advice.
This article originally appeared in the Lexington Medical Society May 2025 Newsletter.
