How to Find Complaints Against a Medical Professional (Avoiding Medical Malpractice)
Daytime television is full of commercials telling people who suffer from injuries how they can sue the party who injured them. These commercials feature law firms that claim to specialize in personal injury and medical malpractice. The message is that the injured person deserves to be compensated and the lawyer will stop at nothing to obtain just compensation. These mega advertising firms rarely disclose the astronomical number of cases they handle thereby giving an unsuspecting caller the impression that their case will receive specialized attention.
Each case is different and needs careful evaluation to determine the best way of maximizing the recovery. While a lawsuit is an option, it is not the only option. A patient injured due to medical malpractice can use alternative methods to obtain fair compensation. Often, alternative methods are the best options.
Here, we discuss the following alternatives to medical malpractice suits:
- Alternative dispute resolution
- Filing an insurance claim
- Direct settlement
Alternative Dispute Resolution
Alternative Dispute Resolution, or ADR, is a process wherein the parties go to an unattached third party to settle the dispute. One ADR method is through the use of a mediator who is knowledgeable in medical malpractice cases. The mediator will meet with the parties, both separately and together, and attempt to come to a settlement. The mediator will stress how a court will likely rule and explain that settling can avoid costly litigation.
Another common ADR method is binding arbitration. Similar to mediation, there is an unattached third party who is knowledgeable in medical malpractice and its nuances. Because it is binding, the parties contractually agree to the arbitrator’s ruling. It’s less formal and less costly than a trial but produces a final outcome. While a court can overturn an arbitrator’s ruling, courts are very unlikely to do so.
Filing an Insurance Claim
In most cases, the entity calling the shots in a medical malpractice case is the doctor’s insurance company, not the doctor. The doctor’s malpractice insurance usually covers these types of lawsuits, even if the doctor is guilty of negligence. As a result, contacting the insurance company and filing a claim may compel the insurance company to try and settle the case. The insurance company may be willing to cut a deal instead of going to litigation. Although a doctor is unlikely to reveal which insurance company provides medical malpractice coverage, a lawyer who conducts a thorough search would likely discover this information. Although this approach sometimes works in clear liability cases, it rarely works if the doctor or the insurer has a reasonable defense.
Direct Settlement
Under some circumstances, a doctor may be willing to settle a case instead of referring the case to an insurance company. Under Georgia law, a doctor is required to report all medical malpractice claims against him. The insurance companies have access to these reports. As a result of these reports, doctor malpractice insurance premiums increase. As such, a doctor may prefer that the plaintiff not report the claim and instead settle for a cash amount. This helps the doctor avoid reporting the claim and avoid trial; it provides the injured patient with immediate cash and avoids trial risk.
Similarly, doctor malpractice premiums may carry high deductibles, so doctors may be willing to satisfy smaller patient’s claim in lieu of paying the deductible.
Contact Attorney Joel Williams if you are a Victim of Medical Malpractice
If you are a victim of medical malpractice, contact the personal injury law firm of Joel Williams, a Cobb County, Georgia lawyer who will tailor a plan for you. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.
