Legal Question in Health Care Law in California

Only an Intern

I recently received a summit for a law suit against me, the hospital, and the surgeon. I was an intern at the time of the case. I operated under the guidence of the surgeon, consultants, and my senior resident, however I was named in the case. My participation with the case is six hours before the patient's death (after the surgery), I had no involvement with the patients' bad out-come due to surgery. My question is what liabilities does me, an intern have on this case, and how worry should I be??


Asked on 5/10/04, 12:38 am

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Only an Intern

My expectations are that you are covered by e&o coverage. They are trying to bring in all with possible deep pockets. You will probably remain in the case for a period time. You need good consel. If you have coverage, contact your carrier and they will provide an attorney to represent you. If not, call and I will be happy to discuss the matter with you. Don Holben

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Answered on 5/10/04, 12:11 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Only an Intern

Don't lose any sleep here. Turn over the case to the malpractice insurance carrier that covered you during the term of your internship and residency or your current carrier. When most lawyers sue for med mal they sue everyone in sight. You will likely get dismissed from the case. You must answer and appear though, otherwise you can get a default judgment against you.

Should the carriers take a position of denying coverage to you, contact someone like me so that you get capable representation in the case and to pursue the matter with the insurance carriers.

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Answered on 5/10/04, 9:13 am


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