About 40% of survey respondents have been named in a lawsuit. Thirty-one percent of responding physicians were one of many parties named; another 9% were the only physician named.

"There are two main reasons that several people are named in a malpractice lawsuit," says Sam Rosenberg, Esq., medical malpractice defense attorney with Reiseman Rosenberg Jacobs & Heller, Morristown, New Jersey. "If you sue only one doctor, you're limited by that doctor's coverage. By naming several parties and the hospital, you try to maximize the coverage available."

Also, "you may have several theories of negligence against the healthcare providers. Some theories may not pan out. The plaintiff attorney wants to have lots of irons in the fire."