If there are any lawyers here, could you PM me

[tavalon]

I need to ask some very generalized, not specific questions about being involved in a malpractice suit.

[TexasObserver]

1. Can't do that, but will do this.

If you are the subject of a malpractice claim, either as a potential or actual defendant, or as a plaintiff, the state where the cause of action accrued will likely control the law. You will need to talk to a knowledgeable lawyer from such state because it is state law that controls. Whole different world in Texas v. Louisiana v. New York.

The first thing you need to do if sued for malpractice or threatened with suit is see a lawyer in your town, but the second thing along with it is determine if there is any malpractice insurance (errors and omissions) which might be responsive. If you were working for some company or governmental entity at the time of the act which gave rise to the lawsuit, you may be entitled to an insurance-paid defense of the claim. It is imperative you find out if such coverage might reach you, as that will give you a paid defense. If so, you must immediately give that insurance company, corporation, or governmental entity notice of the lawsuit and demand that they provide you with a defense to the lawsuit.

I won't give you (or anyone else) legal advice online, but I can give you some general direction, which is what I'm trying to do. You have to get to a lawyer who can advise you in your town, in your state, and it needs to be someone who knows something about malpractice claims.

[tavalon]

2. Thanks

I'm covered by the hospital I work for but wondering if I should get my own lawyer since I and the hospital attorney don't see eye to eye. I think he has the hospitals interests above my own but never having dealt with this before, I didn't know if getting my own lawyer would make things worse.

[Luminous Animal]

3. The hospital's lawyer is the hospital's advocate. He or she will NOT represent you.

Get your own lawyer.

[TexasObserver]

4. You should hire an atty to demand that they provide you with your own attorney.

It works best if you get an attorney in your area to make a demand upon the hospital and insurance company to provide you with a defense, stating in the letter that you want representation for your interests separate from the hospital's interest. You want an attorney who is familiar with making a demand upon insurers and employers to provide a defense to an employee.

The purpose of the attorney that you personally hire is to make sure proper demands are made upon the insurance company and hospital to provide you with separate counsel. You have to be careful, though. You don't want to have them tell you that you aren't entitled to have a separate attorney paid for by the hospital, but that you do need to pay for separate counsel on your own.

Your goal is to require the hospital or its insurer to pay an attorney to represent you, as opposed to requiring you to accept the attorney designated for the hospital by the insurer. There may be a conflict of interest between what is good for the hospital and what is good for you.

The hospital and its insurer may refuse to do so. If you're not a named defendant in the lawsuit, you may not have a right to separate counsel provided by the insurance company from the hospital. If you ARE a named defendant in the lawsuit, you should have a right to separate counsel from the hospital, paid by the insurer. Insurers like to represent everyone with one attorney or law firm, and keep tight control of the defense. They prefer not to have to get separate counsel for employees of the defendant hospital. But if you are a named party to the lawsuit, you may have a right to your own attorney at the insurer's expense. Depends on the law in your jurisdiction.

Bottom line is you have to go see a knowledgeable lawyer in your area, at your own expense, as soon as possible. Tell them everything, and let them guide you through this. They'll probably make a written demand upon either the hospital or its insurer, if not both. The attorney will likely want to demand of the hospital and its insurer that they agree to provide you with separate counsel. If they refuse, you'll have to decide then what to do, but you will have made your written demand and left a paper trail of your efforts to get separate counsel.

Good Luck.