Your Defense: A Team Approach

To assist physicians who are named in medical liability lawsuits, and to help them understand the rules and procedures that govern the legal environment, ISMIE Mutual has updated “The Physician Defendant: A Handbook.” Here is a brief excerpt regarding lawsuit venues.

Jurisdiction

A malpractice lawsuit is a civil proceeding. It is adjudicated in a civil court and
governed by substantive and procedural laws.

One of three court systems may have jurisdiction over your case: Illinois courts, the federal courts, or the courts of another state. A malpractice suit against you is most likely to be filed in the Illinois state court of the county where you practice or live. If any part of the transaction or treatment took place in a different county, the suit may also be filed there. Still other venues are possible in cases with more than one defendant. If the co-defendants are each solo practitioners, a suit may be filed in the home county of any one of them. If they are partners, the jurisdiction can belong to any county containing a partnership office or a hospital at which one or more of the partners practice.

Given a choice, the plaintiff's attorney will usually file suit where it is most convenient, where it is believed the chances for winning are greatest, or where the highest damage award may be obtained.

Contact your ISMIE Mutual claims service representative at the first indication that a medical liability lawsuit may be filed.

Toll-free 1-800-782-4767 • Phone 312-782-2023 • E-mail claims-services@ismie.com • Web www.ismie.com