Top Attorneys Explain Importance of True Consent to Settle

Some insurance carriers will settle your claim for as inexpensively as possible. View this video to hear what top malpractice defense attorneys' advise to protect your reputation and your practice.


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.”

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:

Claims Advice Hotline play

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.

Hear more reasons why top attorneys recommend NCMIC.

Consent to Settle is not allowed by Maryland.

The information in the NCMIC Learning Center is offered solely for general information and educational purposes. It is not offered as, nor does it represent, legal or professional advice. Neither does this information constitute a guideline, practice parameter or standard of care. You should not act or rely upon this information without seeking the advice of an attorney familiar with the specific legal requirements of the state(s) in which you practice. If there is a discrepancy between the site and an insurance policy you have with NCMIC, the policy will prevail.