![]() Information reported to the NPDB includes reports of medical malpractice actions (settlements or judgments paid), clinical privilege actions, licensure actions and Medicaid/Medicare exclusions. The NPDB was a creation of the United States Congress so there would exist a national information clearinghouse for reports of professional actions taken against health care providers, predominantly physicians. This law has been codified and can found in Title 42, United States Code (U.S.C.), Section 11101. Title IV of Public Law 99-660, the Health Care Quality Improvement Act of 1986, esta-blished the National Practitioner Data Bank (NPDB). Even though the insurance company may decide to settle the case despite your objections, most will at least listen to you and attempt to follow your request if it is reasonable.īefore you agree to settle a medical malpractice claim, however, consider the following. A settlement of a medical malpractice claim could possibly result in action that would lead to the revocation of or other disciplinary action against your medical license. Some of these ramifications may be overlooked during the litigation and mediation process. However, there are several significant potential legal ramifications of a settlement of which you may not be aware and which you should consider before agreeing to settle a medical mal-practice claim. No longer are you or your insurance company concerned with the potential for a large jury verdict against you. You then feel relieved that this ordeal is finally over. Since the settlement of a case eliminates all risk and brings the case to a close, you agree that the case should be settled. Both the attorney assigned to defend you and the insurance company representative recommend settling the case.ĭespite having final authority to settle the malpractice claim, the insurance company representative asks your opinion regarding their desire to settle the claim. ![]() The representative from the insurance company has the ultimate authority to settle your case, with or without your approval (according to the wording of most insurance policies written in Florida). Also present during the mediation is your attorney and often a representative from your insurance company. Pursuant to the terms of your professional liability insurance policy, you notify your insurance company of this claim and it assigns an attorney to defend your case.ĭuring the litigation process you participate in a settlement conference or mediation with the claimant/plaintiff (your former patient) and the plaintiff's attorney. A former patient who suffered an unfortunate, but known, complication following a surgical procedure brings a claim for medical malpractice against you. During your professional career you may have already experienced the following scenario. STOP! Before you agree to a settlement in your medical malpractice suit, read this article. (Note: This article was originally published in The Stethoscope, Summer 2004)īy George F. THE NPDB AND LEGAL RAMIFICATIONS OF SETTLING
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