PROTECTING BARE OR SELF-INSURED PHYSICIANS

Most bare or self-insured physicians were driven in that direction because traditional malpractice insurance was either unavailable or prohibitively expensive. High-risk specialties and certain geographic locations (e.g. South Florida) are particularly affected. In addition to payment of any adverse judgment, bare or self-insured physicians incur costs of defense from Day 1, regardless of the merits of the case. Failure to adequately respond even in the presuit phase of a medical malpractice lawsuit can have dire consequences. The Medical Malpractice Triage Service assists you in aggressively managing your case from the 1st day that you receive a Notice of Intent.

Immediately upon receipt of a Notice of Intent, you call Dr. Morgan via a “Hot Line”. He will personally advise you as to what to do and what NOT to do. Virtually every Notice of Intent includes presuit discovery requests that must be answered within 20 days of receiving the Notice of Intent. Once you receive a Notice of Intent, it is imperative that you immediately obtain a well qualified local defense attorney to represent you. The Medical Malpractice Triage Service will assist you in obtaining the same local counsel as FPIC or MAG Mutual have utilized in that particular geographic area. You pay your attorney the same discounted rates that FPIC or MAG Mutual would have to pay the same attorney. These discounts are so significant that they should pay for the entire cost of the Medical Malpractice Triage Service within the 1st 20-25 hours of representation.

Many bare and self insured physicians have engaged in some form of personal asset protection. In such cases, it is almost always beneficial to put the plaintiff’s attorney on notice that such protection exists. Florida law requires the plaintiff’s attorney to advise his client in writing within 30 days of receipt of your presuit response regarding “the legal and financial consequences of acceptance or rejection of any settlement offer”, “the time and likelihood of ultimate success at trial on the merits” and “an estimation of the costs and attorney’s fees of proceeding through trial”. [F.S. 766.106(3)(d)(3), (4), (5)] Accordingly, if the client is not going to be able to collect a judgment even if victorious at trial, the plaintiff’s attorney and his client should be on notice of that fact right away. Dr. Morgan provides this notice as part of the Triage Service.

As part of the Triage Service, Dr. Morgan then personally reviews the case, consulting with a highly qualified subspecialty expert as needed. Dr. Morgan objectively assesses whether you breached the prevailing professional standard of care, and if so, what the probable damages would be under current Florida law and the facts of your particular case. A formal written evaluation is sent directly to you and your local defense attorney. The evaluation includes specific documentation regarding standard of care issues, causation and damages. It also identifies likely arguments that will be made by the plaintiff’s attorney and defenses to them. Specific dollar amount settlement recommendations are made if settlement is warranted.

The Medical Malpractice Triage Service gives you a tremendous advantage in eliminating the case at minimal cost. You will know rapidly whether the case objectively presents a significant risk to you. If the case has no merit, the plaintiff’s attorney will know that you have a “name brand” local defense attorney defending you, and that you will very probably win the case. If necessary, you can pursue the case to that conclusion because of your discounted rates. If you have engaged in asset protection, you can use that leverage effectively. In the event that the case has merit, you will know that early and will probably be able to settle for a much lesser amount than if you allow litigation costs to build on both sides. You will also avoid getting a “strike” under Amendment 8 if the case were tried and lost.