Fantastic example of circular reasoning!

The letter is probably designed to let you know it’s coming so you can notify your carrier. Whenever I sign someone up for a personal injury case of any kind, I let the other party know I’m representing the plaintiff and ask them to have their insurance adjuster contact me.

“Yes, less than 5% of all claims result ina payment. “

Well then, you don’t have to wonder why you don’t get a presuit demand.

Yes, I can see that this might happen in other practice settings. As an ER doc I don’t keep my own medical records, the hospital does. Someone wanting medical records would be directed to the hospital medical records departments. Even though I work in the hospital setting, I am not an empoyee of the hospital.

A guess a lawyer could still contact us and say “Lets talk” before filing a lawsuit. However, I have never heard of it in 15 or so years of practice, nor have I heard that from any of the 100 or so physician partners there are. First notice is a bullshit letter, I guess just hoping that we will be scared and open our pockets. I doubt they have even talked with an expert witness because they are so meritless.

“Maybe your insurer just has a reputation for not settling?”

Yes, less than 5% of all claims result ina payment.

Paragraph 10 reads:
Each of the defendants deviated from accepted standards of medical and/or nursing practice in their care, diagnosis and treatment of [the patient] which deviations proximately caused plaintiffs’ injuries.

That’s a lot of people who are practicing substandard care. I am certain that none of them were notified pre-suit.

Yes, I should have kept it for comic illustrative purposes. Once I took two seconds to find that it was not my patient and that one in the group already gave out ins. co. notice it was given the circular file.

I don’t doubt that you have settled a case presuit, however I myself and my partners have been sued more times than we wish and this has never happened. The first notice of a problem is the lawsuit.

Actually, it does, because I’ve done it. They were small (under $50K) claims, but I have done it and know many who have. Obviously, privilege and confidentiality agreements prevent me from naming the paying party, as I’m sure you’re aware.

Why don’t you scan and post a link to that letter? That’s not privileged.

No, doesn’t happen. If you think you have a case a lawsuit is filed. Notice is sent to the doctor. Then the doctor notifies the insurance company. I know this because I am a board member of our insurance company.

Last week everyone in my ER physician group got a certified letter notice of a lawsuit that basically said “One of you treated my client, we don’t know who so we have to name you all in the suit. We don’t actually know what you did and what the nature of the malpractice charge is but you were grossly negligent”

C’mon, at least do a little homework before you start throwing the sh** against the wall.

Well, it’s difficult to give concrete examples because you can’t go look them up because the exchange of money and the release agreement typically involve a confidentiality clause.

But, were someone to come to a lawyer with a case, the lawyer, after doing his initial medical records request and having an expert review, if he has a request may send the physician a letter telling him that he has a client who he believes has a claim and would he please have his insurance adjuster contact the lawyer. If it can be settled prior to filing the claim, it will be.

The reason it’s not as common in med mal as in other types of claims is the shorter (as compared to most other torts) statute of limitations and the time required to retain expert witnesses and have them review the case. But it happens all the time, and I’ve worked for firms that have done it. But again, I can’t cite you to cases because they aren’t public record. But I’m sure your liability carrier can tell you they’ve settled cases pre-filing.