The Consent to Settle clause

The majority of Malpractice policies include a provision as follows: We may solicit settlement offers on any claim. No offer to settle a claim will be accepted unless we have your consent. However, if you withhold consent to a settlement offer that we deem to be reasonable and that is acceptable to the claimant, we may request that the matter be submitted to a mutually acceptable local arbitrator. The arbitrator will decide whether consent has been unreasonably withheld and will be binding. If the arbitrator rules in our favor, the ruling will be deemed to be your consent where permitted […]

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Simple ways to avoid a malpractice claim

•    Don’t allow your patient’s insurance coverage to dictate the treatment you will provide – don’t delay and make sure you give the best possible treatment, regardless of the amount and quality of their insurance coverage. •    Refer those patients who need treatment beyond your comfort zone – if you are not completely familiar with a procedure or treatment, refer it to a specialist. •    Don’t begin treatment before making sure your patient knows what you are going to do – a careful and thorough explanation to your patient will avoid a later misunderstanding and dissatisfaction. •    Don’t scare your […]

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Guide to Winning Your Malpractice Lawsuit

“The cost of malpractice claims is considerable, both monetarily and in terms of impact on the healthcare system,” says Brian K. Atchinson, President of the Physician Insurers Association of America (PIAA). “Wary of possible lawsuits, many physicians have closed their practices, stopped performing high-risk procedures, or reduced their care of high-risk patients, leading to a situation in which some areas of the country have limited — or even no — access to medical specialists.” A lawsuit can happen to anyone Being accused of committing medical malpractice is one of the most traumatic and daunting experiences any physician can face. It’s […]

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