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  1. #11
    Join Date
    Jun 2018
    Posts
    1

    Default Re: Why are Medical Malpractice Cases Difficult to Settle

    I think the biggest reason is that most malpractice insurance carriers give their doctors a consent provision in their insurance contract. This means that the doctor has full control over whether the insurance company settles a claim- they cannot settle without the doctor's consent. If the doctor wants the insurer to fight to the bitter end, they will. The doctors are basically playing with house money, they lose nothing by fighting, but have everything to gain. A full trial victory gives them a clean record whereas even a settlement is reported to the board of medical examiners in some states.

    It is true that some states have created barriers to medical malpractice lawsuits, but I think the biggest reason for the difficulty in settling is because most doctors get a consent provision. Most of the barriers increase the cost of bringing the claim, which weeds out smaller claims. But in my experience, once those barriers are surmounted, the only thing that makes it difficult to settle is the doctor's consent provision.

  2. #12
    Join Date
    Apr 2018
    Location
    Long Beach, CA
    Posts
    236

    Default Re: Why are Medical Malpractice Cases Difficult to Settle

    Quote Quoting FRC
    View Post
    I think the biggest reason is that most malpractice insurance carriers give their doctors a consent provision in their insurance contract. This means that the doctor has full control over whether the insurance company settles a claim- they cannot settle without the doctor's consent. If the doctor wants the insurer to fight to the bitter end, they will. The doctors are basically playing with house money, they lose nothing by fighting, but have everything to gain. A full trial victory gives them a clean record whereas even a settlement is reported to the board of medical examiners in some states.

    It is true that some states have created barriers to medical malpractice lawsuits, but I think the biggest reason for the difficulty in settling is because most doctors get a consent provision. Most of the barriers increase the cost of bringing the claim, which weeds out smaller claims. But in my experience, once those barriers are surmounted, the only thing that makes it difficult to settle is the doctor's consent provision.
    If this is true, which I am certain it is, it introduces a whole new reason why medical malpractice claims are difficult to settle.

    Funny, wonder why those who want to sound like they know about medical malpractice never mentioned this before? Or why they aren't asking any questions about it now? Guess it doesn't fit their narrative.

  3. #13
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Why are Medical Malpractice Cases Difficult to Settle

    Quote Quoting Brian57
    View Post
    Funny, wonder why those who want to sound like they know about medical malpractice never mentioned this before? Or why they aren't asking any questions about it now? Guess it doesn't fit their narrative.
    If you are referring to the people who have responded to you here, it was mentioned. Several times and maybe more but with the edit history, it's hard to say. What questions would you like them to ask?

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