The dangers of refusing to settle malpractice cases. “Suppose you’ve been sued for malpractice, and your insurance carrier wants to settle the case rather than risk a big jury verdict. But you’re convinced that your diagnosis and treatment were correct, and you’re willing to take your chances with a trial. What are your options?”

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  • Anonymous

    “According to the state law they relied on, if a malpractice defendant refuses a “reasonable” settlement offer, and a jury reaches a verdict that’s more than 25 percent greater than the amount of the rejected offer, the defendant who refused it can be held personally liable for the plaintiff’s legal costs (including expert fees, but excluding attorney fees) from the date the offer was rejected. While that sum can easily amount to $30,000 or more in a complex case with many experts, the Helds asked for $17,000. The trial judge reduced that amount to $10,000, and ordered Aubert to pay it.”

    That’s a modified version of “loser pays” that many think will be so great for defendants. Many states have it.

    CJD

  • Anonymous

    Dr. Millard Henry in the article is no longer practicing in Edmond, OK or in any hospital in the Oklahoma City Metro area. In fact he has shown poor judgment in other aspect of his medical practice and in fact was disciplined by the Oklahoma Board of Medical Licensure in 2000 as shown in this link:

    http://www.okmedicalboard.org/display.php?content=med_directory:med_directory&ref=names&TYPE=NAME&PROFESSION=MD&LICENSE=18023