Physicians turn the tables on insurers, attorneys

In the Courts. By Bonnie Booth, AMNews contributor. April 9, 2007.

Most doctors named as defendants in medical liability lawsuits prefer not to relive the ordeal and seek to put it behind them immediately, no matter the outcome or how it is reached.

There is usually little recourse against your medical liability insurance provider if you are unhappy with the lawsuit's outcome. Physicians pay premiums in case they are sued, with the insurer usually retaining the attorney and approving, or not approving, settlement amounts and trial strategies. And it's hard to win either a malpractice claim against an attorney or a malicious prosecution claim against a plaintiff.

But in two notable instances in the past several months, physicians who decided to fight back have had some success.

In Florida, physicians who were pounded with a $217 million jury verdict for failing to diagnose a stroke sued their attorneys who they believe should have settled the case. The lawsuit against the lawyers, filed in early March, has already been settled. Both sides signed a confidentially agreement, under which they will not discuss the case.

However, according to news reports, Michael Austin, MD; Franklin, Favata and Hulls physician group; and Carrollwood Emergency Physicians sued the attorneys their insurer retained for professional negligence for being more concerned with protecting the insurance company than the doctors, failing to properly advise the doctors and failing to respond to plaintiff settlement offerings of $1 million and $3 million.