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Blog Category:
11/17/2008
Hans G. Poppe
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Insurance Company Sued By Dr. after they Settled Lawsuit on His Behalf.

Most medical malpractice policies have "consent clauses." This gives the doctor the right to object to the insurance company settling a claim for malpractice. The first question you might ask is "Why would a doctor not want the insurance company to settle?" This is really a complicated issue, but at the end of the day it comes down to the fact anytime a doctor (actually his insurance company) pays to settle a medical malpractice claim, it is reported to the National Practioner Data Bank. This databank tracks a doctor's history and hospitals use it in making decisions to grant or deny privileges or credentials. Insurance companies also use it to establish a doctor's malpractice rates. Needless to say, doctor's don't want to have to report any successful malpractice lawsuits. They always want them defended. This makes settling a medical malpractice case extremely difficult becuase doctors refuse to give consent even when the liability is clear and damages are catastrophic. Now, settling a medical malpractice case may become even more difficult since a Florida doctor has sued his own insurance company for settling a malpractice claim without his consent. Dr. Anthony Rodgers has sued Chicago Insurance Company for settling a 2002 lawsuit against him. Originally, the court dismissed the case saying he did not have the right to sue his insurance company for paying the claim; however, a Florida court of appeals reversed the dismissal and sent the case back to the trial court. This should be interesting. A doctor purchases insurance to protect him in the event he is sued, and when they act in his best interest by settling a medical malpractice lawsuit, he turns around and sues them for it. Incredible. Hans Poppe

Category: General

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