Almost every hospital, doctor, and nurse in America has malpractice insurance which provides coverage in the event their acts of negligence (medical malpractice) causes injury or death to a patient. Just like most lawyers have malpractice insurance in the event their mistakes cause harm to their clients. This is a good thing.
Now to the bad. I have worked with a particular medical specialist over the last 10 – 15 years. He is well-educated, well-trained, and has great experience. All those qualities aside, he is a damn good doctor who puts his patients first. I recently contacted this doctor to ask him to take a look at some medical records I was reviewing for a potential medical malpractice case for a family who had lost a loved one. His response: I can no longer review any records on behalf victims of malpractice or their lawyers. Needless to say I was shocked!
The explanation: The doctor, with whom I have enjoyed a valued relationship for years, had been informed by his medical malpractice insurer that he could no longer review or become involved in cases against the health care profession. The insurance carrier was using its economic might to tell the doctor what he could and could not do in his spare time and that my friends is “dirty business.”This is just one explanation of why plaintiff’s lawyers have such a difficult time finding experts and holding the medical profession accountable.
My take: If the carrier’s actions are not criminal they sure should be.