Even if a negligent doctor, nurse, or medical specialist is the one directly responsible for injuring one of their patients, that individual person rarely ends up holding personal financial responsibility for the consequences of their actions. Instead, malpractice claims primarily revolve around prolonged and contentious negotiations with the defendant’s malpractice insurance provider. These providers will fight tenaciously to protect their policyholder’s interests and minimize the amount of compensation an injured person ultimately receives.
Representation from skilled legal counsel is essential when talking to insurance companies in Albany medical malpractice cases, as these companies have extensive litigative experience and are willing to use that knowledge to take advantage of unrepresented plaintiffs. Once retained, your knowledgeable medical malpractice attorney could explain how these proceedings work, help decide on a productive strategy for negotiations, and protect your rights and future prospects from beginning to end.
Is Settling with a Malpractice Insurance Provider Ever Worth It?
Much like other personal injury cases stemming from different types of accidents, many medical malpractice claims end with an out-of-court settlement rather than a damage award from a civil jury or judge. Before accepting a settlement offer from a malpractice insurance provider or attempting to pursue one, it is important to understand the benefits and drawbacks of this kind of outcome.
On the positive side, settled cases generally conclude much more quickly than cases that are taken to trial, and there are far fewer expenses involved with the process. Additionally, there are many cases where settling presents a much better chance for a plaintiff to get a fair amount of compensation than a civil trial would. Examples of this would be if there is limited evidence of misconduct or if the defendant doctor’s policy limit exceeds the value of a plaintiff’s claim.
On the other hand, if a patient sustained more in damages than the defendant’s insurance provider will cover, taking their claim to court may be their only means of recovering for the full value of their injuries and losses. Furthermore, insurance companies are rarely willing to offer fair settlements without a lengthy and difficult fight. Negotiating with a provider that has no intention of providing fair restitution could be a waste of time, money, and effort. An experienced medical malpractice attorney could provide irreplaceable guidance about what to expect from insurance negotiations and what the best way of approaching them in a particular situation could be.
Dealing with Expert Witnesses Retained by Insurance Companies
Before a malpractice insurance provider will agree to a settlement or even offer to settle a case in the first place, they often try to convince injured individuals that they have no valid grounds for litigation and that any case they pursued would be doomed to failure. One common way these companies do this is by saying that they have already passed the case by a qualified medical professional who believes that the defendant’s actions do not constitute actionable malpractice.
Insurance companies that solicit this kind of input are usually not lying about the response they received but the expert witness in question could sometimes receive compensation from the insurance provider to appraise cases for them. Giving an opinion that goes against the insurance company’s bottom line is rarely in their personal best interests. Because of this, it is always worth taking claims like this with a grain of salt when talking to insurance companies in Albany medical malpractice cases.
An Albany Attorney Could Help with Talking to Insurance Companies in Medical Malpractice Cases
No matter how sympathetic or polite they seem at first, malpractice insurance providers are never on your side as the plaintiff in a claim against one of their policyholders. They are well-trained and skilled at shepherding patients towards case results that benefit defendants rather than injured individuals. Going up against them without seasoned legal representation of your own is a major risk.
You should think twice before talking to an insurance company in an Albany medical malpractice case without first contacting a knowledgeable medical malpractice lawyer. Call today for a consultation.