Top Attorneys Explain Importance of True Consent to Settle
As the AVP of Claims for NCMIC, I have seen firsthand why it is of the utmost importance for doctors to have the best defense in a malpractice suit or board allegations. Many doctors think it won't happen to them. But my experience is not “if” they will face a claim but “when.”
Posted in Policy Features on Wednesday, May 4, 2016
That’s why we make sure to receive a doctor’s authorization before settling any claims. This is known as NCMIC’s true consent to settle provision.
How it Works
Top malpractice defense attorney Joe Fasi explains that a consent to settle discussion is much like the informed consent process that doctors use in their offices. The defense team discusses with you the pros and cons of settling or not settling and their best-reasoned analysis of whether it is better to go to trial or settle. Then, you as a team decide what is in your best interest—with the ultimate decision being up to you.
Why It’s Important
As attorney Jenn Herlihy explains, a consent to settle policy is somewhat unusual among insurance policies. But it is important because it allows the doctor to decide before any money is paid out of their policy. Attorney Frank Moscato adds that consent to settle allows you to have an active, constant role in making decisions during the claims process.
Hear for yourself what these attorneys have to say:
Without a true consent to settle policy, some other insurance carriers might settle your claim regardless of your opinion or really any regard for your reputation. Their only concern may be to settle the claim as quickly and as inexpensively as possible. In contrast, NCMIC pays defense costs to defend the doctor to a jury verdict when a doctor does not consent to settle.
Consent to Settle is not allowed by Maryland.