ABSTRACT
Too many doctors suffer from the misconception that malpractice cases are often brought thoughtlessly on a whim or on impulse. The occasional bizarre and sensationalized malpractice case in the news fails to contradict that impression. If doctors had any idea of the amount of time and money attorneys risk losing in this type of litigation, they would have a better understanding of the high degree of careful screening, diligence, and investigative work that is completed before filing such an action. Many physicians do not fully appreciate the seriousness, bona fide legal grounds, and strong factual substance involved in bringing such cases. Malpractice insurance is the first key to a solid defense. An affirmative defense is one that provides a defense without having to contest the plaintiff’s accusations or charges. It avoids liability through acts or evidence that are not addressed in the plaintiff’s complaint.
