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Can the Defendant Doctor Block Your Medical Malpractice Settlement?

Sept. 4, 2015

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.