The Personal Aspect of Being Sued

As a defense lawyer to health care providers that often find themselves in a completely foreign and alien universe called a LAWSUIT, it is my usual practice to run through an initial laundry list of topics, including procedural and substantive requirements for the claim itself, initial investigation parameters, recommended course of action, etc. In other words, as attorneys we tend to be somewhat task driven- we analyze the allegations, investigate the claim and proceed with the enumerated steps to best resolve the lawsuit. But far too often in our deadline and task driven world, we forget that this is a human being that has been sued, and often the crafted allegations, shrouded in confusing “legalese”, are very raw and personal. One of my favorite scenes from an oldie but goodie, You’ve Got Mail, involves Meg Ryan as an independent book store owner confronting Tom Hanks, a chain bookstore developer, about her business being closed due to his actions. http://www.youtube.com/watch?v=pmNmFpJM3qQ He tries to explain that “it was not personal”, and she correctly makes the point that what he means is that it was not personal to him. She muses, no matter what else, shouldn’t everything begin by being personal?

This scene comes to mind often, as I look at the faces of genuinely kind, caring and professional health care providers that are faced with a board complaint, pre-suit claim, or an actual lawsuit. Dentists ask me how they could have prevented this lawsuit, how could they be sued for something so clearly not related to their own care of the patient, and sometimes even how they can sue for their own emotional turmoil for being forced to deal with this lawsuit! These responses are all valid and legitimate and should be discussed in detail. Why? Because in order to serve to achieve excellence in representation of our clients, we should BEGIN with the premise that this lawsuit is very personal to our health care provider. Once we clearly address these most basic human concerns, reactions, and yes, feelings, we are then able to move forward with the necessary tasks to achieve the desired outcomes. It has been my experience that including and acknowledging the fact that the allegations may feel personal in that initial client meeting goes a long way in both how best I can serve my client, and how best my dentist can assist in his or her own defense.

If you are a health care provider in the dental field and get served with a lawsuit, your years of training, experience and education often will not prepare you for the initial strong emotions and feelings associated with these allegations against you. Share those thoughts with your attorney- let he or she know how you feel. This does not mean that your attorney becomes your therapist, best friend, etc., it just means that your input about this lawsuit from a personal aspect, as well as a professional aspect, is another piece of an intricate puzzle that should not be the last missing piece to completion. While justice is sometimes very slow, and your feelings will likely change as the litigation progresses, sharing those initial concerns with your attorney will allow for a more complete and thorough representation by your defense counsel. After all, as Meg Ryan pointed out in You’ve Got Mail, shouldn’t everything begin by being personal?

By: Beth Boone, Esq.