Hi everyone, I don't usually post, just lurk on the forum mostly, but i really need some advice/guidance regarding a malpractice suit situation.
Without getting into specifics, I found out recently a former patient's family filed a suit against me (in a non-tort reform state).
I used to work for a hospital system, and had recently changed jobs. From talking to the lawyer that I was assigned to by the hospital's insurance company, both I and the hospital was named in the suit. This lawyer is now representing both me and the hospital.
Obviously I've been pretty stressed from hearing the news, but it's also hard to ask for advice (which to me is the killer part of this) from colleagues since technically I'm not supposed to mention this to anyone other than my spouse and lawyer for fear of roping anyone else into the suit as a witness.So what I've been doing instead is reading books including the book "how to survive a medical malpractice lawsuit" by ilene brenner.
My question to you guys from reading the book is it seems it's a bad idea to have both the hospital and I be represented by the same lawyer as it might create a conflict of interest scenario and make it more likely for them to settle on the best interest of the hospital. From what my lawyer tells me, I don't have the right to refuse settlement if that's what their medical expert deems as the best course of action. The one thing I did read in the book is that if you feel as if your interests aren't being represented, you can appeal the insurer to get a new lawyer to represent you on the basis of conflict of interest. I broached this topic with one of the lawyers of the insurance company and she said that if further down the line I feel this way, it can be something to discuss but usually it's not looked upon well in terms of dealing with the plantiff's side because "you want to present a united front." I don't know how any of you guys feel about this arrangement, from what they're telling me it seems pretty standard to have the md and hospital be represented together, but the books I'm reading are telling me it's dangerous to just "go with the flow" so to speak. I have my first sit down meeting with my lawyer next week, but figured I'd ask for advice here, since I'm actually pretty scared/anxious about this whole thing. I don't want to make waves and piss off my lawyer and defense team from the start, but i dont' want to be the patsy either, since at the end of the day it's my record/reputation that's on the line.
Any sage advice is desperately welcomed! Thanks in advance.
Without getting into specifics, I found out recently a former patient's family filed a suit against me (in a non-tort reform state).
I used to work for a hospital system, and had recently changed jobs. From talking to the lawyer that I was assigned to by the hospital's insurance company, both I and the hospital was named in the suit. This lawyer is now representing both me and the hospital.
Obviously I've been pretty stressed from hearing the news, but it's also hard to ask for advice (which to me is the killer part of this) from colleagues since technically I'm not supposed to mention this to anyone other than my spouse and lawyer for fear of roping anyone else into the suit as a witness.So what I've been doing instead is reading books including the book "how to survive a medical malpractice lawsuit" by ilene brenner.
My question to you guys from reading the book is it seems it's a bad idea to have both the hospital and I be represented by the same lawyer as it might create a conflict of interest scenario and make it more likely for them to settle on the best interest of the hospital. From what my lawyer tells me, I don't have the right to refuse settlement if that's what their medical expert deems as the best course of action. The one thing I did read in the book is that if you feel as if your interests aren't being represented, you can appeal the insurer to get a new lawyer to represent you on the basis of conflict of interest. I broached this topic with one of the lawyers of the insurance company and she said that if further down the line I feel this way, it can be something to discuss but usually it's not looked upon well in terms of dealing with the plantiff's side because "you want to present a united front." I don't know how any of you guys feel about this arrangement, from what they're telling me it seems pretty standard to have the md and hospital be represented together, but the books I'm reading are telling me it's dangerous to just "go with the flow" so to speak. I have my first sit down meeting with my lawyer next week, but figured I'd ask for advice here, since I'm actually pretty scared/anxious about this whole thing. I don't want to make waves and piss off my lawyer and defense team from the start, but i dont' want to be the patsy either, since at the end of the day it's my record/reputation that's on the line.
Any sage advice is desperately welcomed! Thanks in advance.
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