Knowledge Center | ProAssurance

Claims Litigation Guidelines

Written by ProAssurance | February 2023

You have worked hard to get where you are. Despite the precautions you may take, statistics show that even the most diligent doctors may be involved in a malpractice suit. We provide you with a Physician's Guide to Malpractice Litigation in our secure services portal (SSP) to help you understand our strong defense strategies in the event of a claim.

The comprehensive guide details each step in the judicial process including:

  1. The lawsuit
  2. Defense counsel meeting
  3. Written discovery
  4. Depositions
  5. Awaiting trial
  6. Settlement or defense
  7. Trial
  8. Verdict

You can alleviate natural feelings of frustration when there is a claim against you—and increase your understanding of the judicial system by reviewing this material in the SSP.

Our claims philosophy can be stated simply:

  • We seek to expeditiously resolve for a reasonable sum those cases in which our insured breached the standard of care and caused injury or death to the patient. That’s fair.
  • We will defend, where appropriate, those cases in which our insured either did not breach the standard of care or did not cause injury to or the death of the patient. That’s also fair. 

You are our first priority and that means we provide you:

  • The best defense attorneys
  • Professional Claims Specialists
  • Cutting-edge courtroom technology
  • Superior expert witnesses
  • Comprehensive legal research

Your professional ethics and integrity align with our mission to treat you fairly. ProAssurance will not settle a claim without the policyholder's consent, subject to the terms of your policy.