Choosing Medical Malpractice Lawyers for Defense in Medical Malpractice Insurance

It is well known, and much dreaded, amongst the medical community that claims of medical malpractice are becoming more and more widespread. The saving grace is that medical professionals and facilities obtain medical malpractice insurance to cover them, both in terms of paying the fees to malpractice lawyers incurred in defending against such claims but also to pay for any settlements or court judgments in the case, when any such claims are filed against them. Insurance rates are going up as the number of medical malpractice claims continues to rise.

When a physician injures a patient as a result of negligent treatment, they may file a lawsuit against that physician. When someone in this position, known as the plaintiff once the suit is filed, intends to file a lawsuit, they can go out on their own and find a medical malpractice attorney. There are no limitations placed on whom they may hire to represent them in their claim. This is not the case when it comes to persons against whom the lawsuit is filed, to wit, the defendants. The medical malpractice insurance companies pick the malpractice lawyers chosen to represent the defendant doctor for them.

When a doctor or medical facility obtains medical malpractice insurance, they are, in essence, putting control of any claims filed against them into their insurance companies hands. The insurance companies indemnify the insured doctors and medical facilities for claims filed against them, meaning that the attorney's fees and costs are paid by the insurance company, as well as any judgment or settlement in the case. Because of this, the insurance companies have quite a vested interest in the handling of these cases. Accordingly, they develop panels of medical malpractice lawyers and law firms from which they draw each time one of their insured is sued for medical malpractice.

The various medical malpractice attorneys and law firms that are included on these panels specialize in the field of medical malpractice, ensuring that any attorney the insurance company hires to defend a particular case with have the requisite knowledge and expertise to defend the case appropriately and skillfully. The medical malpractice insurance companies set the hourly rate with the attorneys, which is a somewhat standard rate in the industry, which is typically a lower hourly rate than is charged for most every other type of legal work. If certain law firms and attorneys prove their worth over and over again, then they will be more likely to get the majority of cases from a particular insurance company, making this relationship more economically favorable.

This may certainly seem cause for concern by many doctors who feel that as the defendant, they should be running the show and not their insurance carriers. However, the reality is that the physicians against whom these cases are filed are very involved in their cases. The malpractice lawyers who are defending them will discuss the medical treatment and history with them, seek an understanding of the particular area of medicine involved, and collect lists of witnesses from them. In addition, the physicians will be entitled to attend any and all depositions and will be present at court hearings, as necessary. Finally, and perhaps most importantly, the case cannot be settled without the specific consent of the defendant physician, which gives the physician the ultimate say in the case. This is very important to most doctors since they feel their reputation is on the line in these cases. In the end, the most important thing for a defendant doctor to keep in mind is that the malpractice lawyers are experts in this field of law, and thus, they will receive excellent representation in defense of their case.

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