Online Posting of Med-Mal Payouts Is Seen as Chilling Settlements
Posted by Clark Venable on 12/24/2004
Online Posting of Med-Mal Payouts Is Seen as Chilling Settlements:
" "Nearly five months after a [New Jersey] state government Web site began posting doctors' malpractice histories, the publicity may be having a chilling effect on settlements.
Lawyers on both sides of the aisle say that some doctors, faced with the reality that even a confidential settlement will end up on the Internet, are opting to take their chances in court.
They are exercising the right available under most medical malpractice policies to withhold their consent to settle, even when it goes against the wishes of their carriers and advice of counsel.
'Doctors do not want to settle at all now that it has to be reported to the databank for any payment whatsoever,' says defense lawyer Richard Amdur." "
Lawyers on both sides of the aisle say that some doctors, faced with the reality that even a confidential settlement will end up on the Internet, are opting to take their chances in court.
They are exercising the right available under most medical malpractice policies to withhold their consent to settle, even when it goes against the wishes of their carriers and advice of counsel.
'Doctors do not want to settle at all now that it has to be reported to the databank for any payment whatsoever,' says defense lawyer Richard Amdur." "
[Via Point of Law]
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