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Reply #1: Can't do that, but will do this. [View All]

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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-09-10 02:01 AM
Response to Original message
1. Can't do that, but will do this.
Edited on Fri Apr-09-10 02:10 AM by TexasObserver
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.
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