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Can the defendant doctor block your medical malpractice settlement?

Posted by Guy DiMartino | Sep 04, 2015 | 0 Comments

You filed a medical malpractice claim against a doctor. The insurance company wants to settle your claim, can the doctor block the settlement? The answer depends on the state in which the claim is pending.

As an example, Indiana medical malpractice insurance policies have a consent provision requiring the doctor's consent before settling. So, in Indiana the doctor can block the settlement by refusing to consent.

On the other hand, Florida is a non-consent state, which means most medical malpractice policies do not have a consent provision. In Florida, the medical malpractice insurance carrier is not required to get the defendant's consent before settling, however, in practice the company will usually consult with the defendant doctor and take what the doctor has to say into consideration when making the decision.

Medical malpractice law can be complex at times, If you have any questions about a medical malpractice matter, you can always give me a call at (352) 267-9168.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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