Who has to agree
A settlement in a malpractice case usually involves more parties than the patient and the doctor. The defendant's insurer controls much of the negotiation, and some policies give the physician a say in whether to settle. When several defendants are involved, each may contribute a share, and some may settle while others proceed toward trial. If the claim belongs to a child or to an estate, a court generally has to approve the terms before they take effect, and that approval has its own paperwork. The decision to accept is yours, and we explain what each option involves before you make it.
Liens and what reaches you
Health insurers, Medicare, Medicaid, and other payers who covered treatment may have a right to be repaid from a medical malpractice settlement. Medicare's interest in particular has to be addressed, and ignoring it can create problems long after the case closes. The amount owed can sometimes be negotiated down, and that work often happens after the settlement figure is agreed. Attorney's fees and case costs are also deducted, and in New York the fees in these cases are subject to limits set by law. We go through a written breakdown with you so you can see where each part of the money goes.
Terms beyond the number
Settlement agreements usually include a release that defines exactly which claims and which parties are covered, and its scope deserves careful reading. Confidentiality terms may be requested and are negotiable, though some reporting happens regardless, such as reports to the National Practitioner Data Bank about payments made for a practitioner. Larger settlements, especially for children or people with long-term needs, are sometimes structured to pay over time. Anyone receiving needs-based public benefits should consider how the money will affect eligibility before it arrives. We review each of these terms with you before anything is signed.
