Quote:
Originally Posted by PaulC
All you've done here is recycle your earlier post.
Did he commit malpractice?
If the verdict was unjust and/or the award excessive, why no appeal?
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I don't know about this case.
In most cases the Med Mal insurer makes the appeal decision.
If the Dr. chooses to do it on his/her own they are on his/her own, meaning all costs, many times including the original verdict, are their responsiblity.
Many times the insurance company uses cost of defense as a reason to just pay, the insurance adjustor (my wife is one, not currently handling med mal though) makes an evaluation of the case and a best guess what the jury will award if they lose.
There are many areas, courts etc that insurance companies know it is far better to pay out quick than face a jury or certain courts.
Too many (juries mostly) figure the Insurance company has deep pockets let's just add a zero (or 2).
Or if a child is involved, even if you can prove the Doc did everything right, payout now. Sympathy wins a jury more than facts a lot of times, a lot more times than you think or hope would be the case.
And as a secondary note re: courts, even in areas where you win and go back after the plantiff for costs (ie frivolous lawsuit), courts rarely allow it, and many times the plantiff would have little or nothing anyhow.