There is a certain order of things that must happen when a physician is sued for medical malpractice. It is important that physician's are familiar with this procedure.
Medical malpractice is commonly sued for in many personal injury cases. A physician who faces charges for a particular claim, faces potential legal, practical, ethical, and personal consequences as a result.
The final decision can have a huge impact on the life of a physician. As a result, many strong feelings are involved in such a lawsuit.
Depending on the decision and disposition of the doctor, there may be extreme relief and gratitude. On the other hand, there may be resentfulness and anger.
In some instances, the case goes to court simply because the doctor believes that settling is that same as admitting the claim is legitimate. However, there are many other things to consider when it comes to one of these cases.
It is very important that every factor is taken into consideration so that everyone is fully informed and can move towards a decision that is best for everyone. The defense team will usually include the physician defendant, the defense attorney, and the adjuster.
The defense attorney is usually selected by the doctor's insurance company as it will affect how much they will have to pay for the claim if it is found to be justified. While this is the typical defendant team, there are sometimes alterations to this set up.
For example, the doctor may also hire a personal attorney to help the insurance's attorney on the case. In addition, uninsured doctors may only have a personal attorney.
There is a growing number of uninsured physicians in some areas. As can be guessed, there are a variety of challenges that defense attorneys must overcome as a case progresses.
In most cases, the accused is somewhat confused about the accusation or conflicted because of it. As a result, the defendant lawyer must find out what the accusation is exactly for and explain it to the accused.
After he or she has done this, it is likely that he or she will present a variety of solutions. They will talk about the benefits of settling now or in court and the drawbacks to settling either now or in the future as well.
The accused will then express his or her wishes for what will happen. For example, after discussing the benefits and the drawbacks, the accused may decide that he or she wants to settle now.
Of course, if the accused is insured, the insurance company has the final say in what happens. Particularly because the attorney being used was hired by them.
However, most insurance companies simply go along with the doctor's choice unless it is obviously the wrong one. As they talk about various solutions, the lawyer is required to cover several points.
The first point that the lawyer must cover is how much personal exposure the doctor, and his or her affiliated company, may receive as a result of losing. This can have a big impact on his or her career, as well as the success of the company.
The second thing the doctor must be made aware of is whether or not he or she has personal asset protection. This refers to whether or not personal assets and possessions can be taken in order to pay the amount that is sued for should the case be lost.
If assets can be taken, it could have a significant impact on his or her personal life. Likewise, whether or not this is the case can have an impact on whether he or she settles now or later.
The third thing the attorney must share is the full effect that a particular settlement will have on the doctor's future insurance premiums and whether or not he or she will be covered by insurance in the future. This can also be disconcerting sometimes.
The fourth thing the attorney must talk about is what could likely be decided in court. They will also discuss a summary jury trial.
The fifth thing that the doctor must be made aware of is how 'strikes' are given. For example, settling out of court will not count as a 'strike.'
Meanwhile, a decision that the doctor made a mistake in court will count as a 'strike.' A 'strike' has significant impact on a career and other aspects.
The sixth thing that the doctor needs to know is that a settlement or verdict over 0,000 will be posted on the Department of Health website. As this is public information, it can also have a significant impact on a career and trust levels obtained with clients.