Open Bar: When Malpractice Hits Small Claims Court
Question: I received a subpoena for a malpractice action in Small Claims Court. How do I proceed?
Answer: Unfortunately, being sued is something both physicians and dentists expect will happen at some point in their career. However, being sued in Small Claims Court for malpractice may come as quite a surprise. Although these matters are initiated by pro se plaintiffs and involve a lower financial dispute (maximum of $10,000 in New York City; $5,000 maximum elsewhere in New York State), they need to be handled correctly because they do carry consequences.
Upon receipt of a Small Claims Summons alleging medical or dental malpractice, do not discuss the case with anyone, including the patient. You need to immediately notify MLMIC. Once notified, MLMIC will assign an attorney to represent your interests. Representation is important:
- Any judgment or settlement (even if a small amount) relatable to professional services may be reportable to the National Practitioner Data Bank (NPDB) and can have long-term implications.
- Unlike higher New York State Courts, there is no discovery in small claims. Therefore, this limits the ability to know the plaintiff’s full case in advance. In fact, the plaintiff can change or add to their claims right up to the time of trial.
- This Court operates under a more relaxed evidentiary and procedural standard than higher courts. Here, the Court’s goal is to achieve “substantial justice between the parties according to the rules and principles of substantive law.”1 This means that the judge is focusing on their perception of fairness and credibility and wants to give the plaintiff the full opportunity to have their day in court.
Therefore, these cases need to be approached and prepared strategically. You will meet with your attorney in advance of trial to review your records, discuss your options, discuss the NPDB criteria and how to manage it appropriately, review the possible different theories that can be raised by the plaintiff, discuss the sequence of events that will occur in this Court and go over your testimony at trial.
The proceeding itself is informal but is still a trial. There is a judge but no jury. The plaintiff presents first followed by the defendant. At this time, your attorney will question you and guide you through your testimony to address all claims being made by the plaintiff. Despite the informality of the procedure, you still must appear professional, compassionate and credible. Each party will present documents as evidence that will be used to support their position. The judge then may immediately issue a decision, or the decision could be mailed several weeks later.
Although these Small Claims cases feel minor and well, “small” compared to higher Court actions, they should still be taken seriously. You should not handle them alone. We recommend that you contact MLMIC immediately so you will receive representation to make sure you are best prepared to defend your interests and the interests of your practice.
MLMIC policyholders can reach out to our healthcare attorneys for questions about Small Claims Court or any other healthcare law inquiries by calling (877) 426-9555 Monday-Friday, 8 a.m.-6 p.m. or by email here.
Our 24/7 hotline is also available for urgent matters after hours at (877) 426-9555 or by emailing hotline@tmglawny.com.
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This document is for general purposes only and should not be construed as medical, dental or legal advice. This document is not comprehensive and does not cover all possible factual circumstances. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors for any questions related to legal, medical, dental or professional obligations, the applicable state or federal laws or other professional questions.
- Uniform City Court Act Section 1804
