One of the most distressing moments a physician, nurse or other healthcare provider can experience is when learning he or she has been named as a defendant in a medical malpractice lawsuit. Among the first questions posed to defense counsel is how the individual can be dropped from the litigation. How this can be accomplished varies, depending on the stage of the case. For instance, if another defendant, such as a hospital, appears to be the “target,” the plaintiff’s counsel will sometimes agree to discontinue against a nurse, resident or attending physician shortly after the initiation of the case. However, this is not always possible due to potential prejudice the plaintiff may suffer if the client is later found to be more involved than initially appreciated.