Most physicians will be sued at least once in their career. Plaintiff’s attorneys generally screen their cases for merit. Since they are paid on contingency, they want to make sure the estimated payout will be worth the time and money they invest in the litigation.
If you are sued in small claims court for negligence, presumably the patient had their records already reviewed by an attorney. And that attorney took a pass. So, they’re on their own. (Patients can, of course, sue for claims other than negligence – such as breach of contract, fraud, etc.)
The dollar limit a patient can collect in small claims court varies by state.
The states with the highest dollar limits for small claims court as of late 2024 are:
- Tennessee – $25,000
- Texas – $20,000
- Utah – $20,000 (effective January 1, 2025)
- Delaware – $15,000
- Georgia – $15,000
- Minnesota – $15,000
- North Dakota – $15,000
In California, the limit is $12,500 for Individuals. $6,250 for Corporations and LLCs.
Florida is $8k.
In NYC, it’s $5,000 or $3,000 outside of NYC depending on the type of small claims court.
Since being sued in any court is considered a “high risk” event, you likely have an obligation to notify your carrier. They may be able to remove the case to standard court, where it stands a good chance of being dismissed. Or they may provide a lawyer to assist you in defending the case in small claims court.
The main reason to notify the carrier is if the case does find its way into a standard court, you want to make sure you’re covered. You do not want to waive your right for the carrier to defend you later if the case blows up.
If the patient is alleging professional negligence, they must establish the elements of a negligence case. The burden of proof is on the patient (now the plaintiff.)
They must prove:
a. There was a doctor-patient relationship.
b. The doctor breached the standard of care
c. Which caused
d. Damages.
Generally, establishing there was a doctor-patient relationship and there were damages is not a challenge.
Addressing the standard of care and causation are the hard parts.
The patient must present expert testimony that the doctor breached a standard of care. Generally, in a small claims setting, the patient will produce no such expert report or submit expert testimony. And, even if the patient does, the doctor should be given the opportunity to cross-examine that expert. And, of course, you, the doctor, should have your own expert to rebut. Small claims court is not the best venue for presenting expert testimony. And such experts are rarely, if ever, admitted.
The plaintiff, arguing alone, does not have requisite background, training, or experience to opine on the standard of care. Of the two parties in this case, the defendant doctor DOES have such background, training, and experience. And likely you will argue you comported with the standard of care.
The patient must get through this threshold of proving their case. As a defendant, the burden is not on the doctor to disprove the allegations.
Can you serve as your own expert? Technically, yes. In a full-blown professional liability case, you would want to engage independent experts. The reason is strategic. A jury may view self-serving testimony with skepticism. And independent testimony is helpful to corroborate the doctor’s defense. Finally, cross-examination is difficult. As a defendant, cross examination will be stressful. Having another person (hopefully experienced) taking shrapnel better positions your defense.
In the small claims court, you’d argue that the plaintiff produced no expert statement or testimony, as mandated by law. There is only one person in the case qualified to opine on standard of care and causation by virtue of background, training, and experience. And that’s you, the doctor defendant. The case should be dismissed.
And hopefully your day in court goes as you intend.
What do you think?
