Businesses are a common target of lawsuits. Therefore, as a business owner, it’s important to take steps to reduce your litigation risk. Unfortunately, however, regardless of your efforts in this area, there is a good chance that your business will be the recipient of a lawsuit sooner or later. Certain types of businesses, such as those in the medical and legal fields, are particularly vulnerable to malpractice lawsuits. Broadly, malpractice is negligent activity or treatment by a professional towards a client. In this article, we discuss how to proceed if your business is being sued for malpractice.
Carefully Review the Lawsuit
If your business is sued for malpractice, the first thing you must do is carefully review the lawsuit. When you review the lawsuit, you should aim to understand exactly what the plaintiff is alleging. In addition, by reviewing the lawsuit, you can begin formulating questions and concerns that you have about the action. In addition, a careful reading of the lawsuit will allow you to identify discrepancies or inaccurate information contained therein.
Cease All Communication with the Plaintiff
After receiving notice of the lawsuit, you should cease all communication with the plaintiff. At this stage, discussing the case with the plaintiff can only hurt you. There are several reasons for this, one of which is the plaintiff’s ability to use any statements you make regarding the case against you. However, you may communicate with the plaintiff and his or her attorney through your attorney.
Preserve All Relevant Evidence
Next, you should preserve all evidence that is relevant to your lawsuit. In other words, you should place a litigation hold on all relevant records to ensure that they aren’t destroyed, whether purposely or inadvertently. If you fail to preserve relevant records, however, it can severely hurt your chances of a successful outcome in your case. In addition, keep in mind that evidence in a malpractice lawsuit can consist of both physical and electronic records.
Contact Your Insurer
As a business owner, you probably have insurance policies in place that protect you and your business. Depending on the nature of your insurance policies and the allegations in the lawsuit, it’s possible that your insurer will cover fees associated with your case. However, most insurance providers require immediate notification following service of a lawsuit. Therefore, it is important to notify your insurer immediately after being sued for malpractice in Florida.
Contact a Florida Civil Litigation Attorney
Finally, if your business is being sued for malpractice, you should contact a civil litigation attorney. Gueronniere, P.A., is a Florida law firm that provides personalized legal services to business clients throughout Florida. Founded by experienced Florida attorney Grace de la Gueronniere, our firm aims to provide excellent service to clients throughout the state. Please contact us today to schedule a free initial consultation with our talented attorney.