LEGAL GUIDE
Written by attorney Brian Malcom Keith | Feb 22, 2018

Doctor's Consent Required for Settlement in Medical Mapractice Cases

Most Medical Malpractice settlements require the doctors consent. This is different than most other personal injury cases. In automobile accidents, slip and fall etc. the insurance company can settle injury claims without the insured's knowledge, input or consent. Not so with doctors.

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Medical malpractice and nursing care facility cases are difficult and expensive cases to pursue. It requires an attorney who is well versed in this area of law and has the money to fund the litigation. A Plaintiff’s medical malpractice attorney may be required to invest hundreds of thousands of dollars of his/her own money to get your case to a jury trial, with no guaranteed outcome. Given the financial risk involved, medical malpractice attorneys need to be selective in the cases they take on. Be prepared to share freely with your proposed attorney any documentation, medical records or information you may have regarding your case. They should be able to advise you early on as to the challenges and potential barriers you can anticipate as your case proceeds. There is no substitute for an in person consultation with an experienced attorney. They will know the lay of the land for this type of case. In a medical malpractice case, most of the witnesses and expert needed to testify at trial are doctors or healthcare providers. By the nature of their jobs, their time and opinions are expensive to obtain. A doctor testifying at deposition may charge the party taking the deposition up to $1,000 per hour, often more for trial testimony. Medical malpractice and nursing care facility cases are difficult and expensive cases to pursue. It requires an attorney who is well versed in this area of law and has the money to fund the litigation. A Plaintiff’s medical malpractice attorney may be required to invest hundreds of thousands of dollars of his/her own money to get your case to a jury trial, with no guaranteed outcome. Given the financial risk involved, medical malpractice attorneys need to be selective in the cases they take on. Be prepared to share freely with your proposed attorney any documentation, medical records or information you may have regarding your case. They should be able to advise you early on as to the challenges and potential barriers you can anticipate as your case proceeds. For best results you should consult in person with a qualified Personal Injury or Medical Malpractice attorney listed on AVVO. There usually is no charge for an initial consultation, but ask. This is not legal advice. You need to speak to an attorney who is licensed in your state for legal advice. This is merely suggestions for you to think about in discussing your situation with the local attorney. .

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