A malpractice case is like
the classical many headed Hydra, and you may have only cut off one
head. It is a common part of the plaintiff's attorney's strategy
to have encouraged complaints to licensing boards, payers and any
other applicable group. Furthermore you may have to struggle with
how your insurance company views the outcome, and the various credentialing
committees you are under.
If complaints remain to a licensing board, they may make their valuation
for a very different reasons than malpractice case. They often look
at the transcript, but may not care about the outcome. However,
this means you have to consider if their opinion makes the situation
better or worse.
If billing issues were raised to the payer or Medicare, this may
also create a separate line of attack you will have to meet in a
separate manner. Here you probably have a matter not covered by
your insurance, and it will require a separate lawyer.
In spite having the best legal counsel, you'll find facets of the
case which are just as important to you yet may not be covered under
your insurance policy. This includes settlements with awards in
excess of the policy limits, and punitive damages. Both of these
usually require you have a separate counsel who often is at odds
with your own insurance company. This is a complicated ballet they
understand and anticipate. But often you don't get told about it,
and have to learn as the matter proceeds. It is by far best to understand
the issues in advance.
Also with an uncovered award such as one in excess of your aggregate
coverage or a punitive award, you'll likely be involved in appeal,
negotiations, and a compromise. In the meantime, you may well need
an asset protection attorney and have to take a number of other
steps. This is yet another set of problems usually needing separate
counsel.
Furthermore, if you are dealing with licensing
board complaints, which is becoming more common with malpractice,
this matter also requires a separate counsel. Some insurance companies
provide a small amount of money to cover your costs in these matters.
Look into the rules carefully, it can be one amount, or an amount
per year of policy involvement. And sometimes the rules are unclear.
This is usually a substantial help if your case is resolved without
a hearing. But it is not likely to be enough to cover a hearing.
The years in which your case or cases occurred can determine the
amount of coverage. This may be grey depending on the course of
your case. So read your policy carefully and ask specific questions..
Another consequence is the National Practitioner's Data Bank. We
all know, it maintains records of settlements and lost cases, as
well as disciplinary actions. While the public is not supposed to
be able to access the database, hospitals, licensing boards, and
payers can for a fee. You can see your file, if you have one, for
a fee. While there is not a lot you can do about the listing, you
do have some options you should not overlook.
The first part of the file in a malpractice case is usually a statement
from the insurer. This tends to be submitted without consulting
you. You have a response you can post. If you want to contest what
the insurer posted, you can. At present you indicate the report
is contested, then write to the insurer. If that fails you can appear
higher, but this is probably much more difficult to affect. The
NPDB states that they prefer the insurer to work out any disagreement
with you prior to the posting. Ifyou know they are going to report
a case, you may want to inform them that you want to see the draft
before submission.
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