In a malpractice lawsuit, the plaintiff has filed the lawsuit claiming that the professional, such as a doctor, dentist, lawyer or some other licensed official, as not done their job properly and as a result, the plaintiff has been injured or has experienced loss in some way. Most professionals carry malpractice insurance and the insurance company is likely to use attorneys to fight on behalf of the professional in these situations. Malpractice lawsuits are often sought as a way of seeking claims against the insurance company or professional in the form of a monetary payment. These cases are often settled out of court though a judge for lack of proof or responsibility dismisses most. Others are tried and heard in a court of law.