|
Why do I need MDS when the insurance company has counsel?
What will MDS do for me?
What if I am never sued, do I really need MDS?
If I know my conduct falls below the standard of care, why do I need MDS?
Will MDS be able to speak on my behalf at depositions?
Can MDS help to educate me on the ever-changing world of Medical Malpractice?
If I don’t retain MDS, can I still use them if I am sued?
Will MDS be available to answer my questions about the case if needed?
Can MDS represent more than one doctor in a single practice?
How can MDS help me get out of a case?
How much will your services cost me?
How is my risk-level assessed?
Will MDS protect me in litigation that arises from events prior to becoming a Client?
My agreement with my malpractice carrier states that they have the right to settle without my input. How can MDS assist in these circumstances?
Q. Why do I need MDS when the insurance company has counsel?
A. This is the most important question you can ask. As the situation is today, if you’re named as a defendant in a med mal case, your malpractice insurance carrier will appoint counsel to assist. That attorney is hired from an outside law firm, and paid hourly fees for his or her assistance. Unfortunately for the defendants involved in these lawsuits, there is nobody who is truly on their side. The insurance-appointed counsel, paid hourly, is looking out for the best interests of the insurance company, not the doctor, and has no incentive to have the physician removed from the litigation as soon as possible.
So, who’s the real client here? Not the doctor...
To demonstrate this, we must ask and answer the following questions:
Does insurance-appointed counsel, paid hourly, truly have any incentive to have the physician removed from the litigation as soon as possible? Who pays the insurance-appointed counsel? The insurance company. Whose money is at stake in the litigation, be it via settlement or judgment? The insurance company’s. Who directs the insurance-appointed counsel? The insurance company.
The real client is the insurance company.
Practitioners need counsel answerable to them, not answerable to an insurance company.
As part of the medical community, you see the results of this environment every day: Doctors are getting burned simply for being in an office on the day in question, or just for appearing on the chart, even for something unrelated. Premiums are still increasing; physicians are still fleeing to different locations. Why are the premiums going up again in 2006? Physicians are stuck in litigation longer than before. Physicians are stuck in litigation in which they don’t even belong. The awards in settlements and judgments are up. Premiums are up, again, as well. Clearly, the current representation, full of conflicting and competing interests, is not sufficient. Otherwise, the premiums would be decreasing, and doctors wouldn’t be fleeing.
Something needs to be done, and doctors need someone to step up and help take control. That’s why most physicians in the position of defendant are now hiring their own counsel, answerable directly to them, to ensure that their rights and interests are protected. And, after scrambling around at the last minute to find the attorney his or her colleagues have used, and making sure that attorney is available, the cost to the physician is generally an immediate expenditure from $25,000 and $40,000 for that benefit.
That’s where MDS steps in. MDS will be there immediately to make sure that you have a voice. At MDS, you, the medical practitioner, are our #1 priority from the very beginning. <back to top>
Q. What will MDS do for me?
A. MDS is your private counsel. MDS is made up of experienced malpractice attorneys, answerable only to the physician. We are on retainer, for a small monthly fee, and should the unfortunate event occur where one of our clients is named in a med mal case, the physician doesn’t have to run around trying to find the right teammate, let alone drop $25,000 to $40,000 for a retainer. We’ve been there since before the incident, and you’re already paid up. And, a HUGE difference here- you’re our client. We answer only to you. No conflicting interests like with the insurance-appointed counsel. You’re our client and we’re obligated to be your zealous advocate, again, answerable only to you according to the rules of ethics and professional responsibility. If you want to fight, we’ll advise everyone of that fact. If you want to settle, we’ll help you settle and negotiate the lowest possible settlement. Whatever you decide, we’re by your side and you call the shots. No competing interests.
For a small monthly fee, MDS will be partners with you immediately. Once you’re a client, you’ll be assigned an attorney answerable only to you and the Bar Association.
As a client, even if you’re never named in a suit, we provide peace of mind while also providing you with valuable information, in the form of newsletters, on the state of med mal (current legislation, important votes upcoming, etc.). Also, if you need advice, or have questions, you can call your assigned attorney or legal staff and have an answer or consultation within 24 hours- all included in the monthly fee. We will also hold free seminars for our clients on risk management several times a year, given by seasoned malpractice defense attorneys.
But, the real benefit occurs when you are named in a med mal suit. We say “when” and not “if”, because probability dictates that it is more likely than not to occur. This is where the peace of mind aspect comes into play. No need for you to run around calling colleagues trying to find great counsel, waiting maybe weeks to find a match or appointment. There’s no need to look over your bank statement to see if you can afford the protection you need and deserve. One phone call to our staff and you’ve got your attorney immediately. An attorney you’ve come to know and trust and one who knows you and your business. MDS minimizes your worry, having stood there with you before the suit even commenced.
MDS lets every party involved know that we’re your private counsel for this matter. The plaintiff’s counsel is advised that there is not only the standard insurance-appointed counsel, but private counsel answerable directly to the physician. From the start we set the plaintiff on his heels. Now they have to fight 2, not 1. The plaintiff’s expert will be more likely to review the case without prejudice knowing experienced malpractice attorneys are serving as your watchdog.
MDS reviews the entire file, possibly thousands of pages, and pleadings. In fact, every piece of information related to the case. We will assist with answering interrogatories, preparing for depositions, court, and defending your license, if necessary. And, if you’ve seen interrogatories, you know how intensive they can be. 50, 60, 70 pages. You can’t just throw answers in there- they’re the same as sworn testimony and could burn you later. For example, there are some questions that should not be answered, and your MDS attorney will sit by your side, going over the questions one by one with you.
Most importantly, we will monitor every aspect of the insurance-appointed counsel’s actions. They don’t have any incentive for removing you from the case. They’re paid hourly. We’re paid a flat monthly fee. It doesn’t make sense for us to sit on our haunches and wait for the day before trial. Not just that, we have a moral and ethical responsibility to do whatever it takes, as your zealous advocate, to get you out sooner. Less time spent worrying.
If you are in the unfortunate circumstance where you are culpable, we’re going to do everything we can to assist in lowering any settlement to a true and reasonable number. People don’t realize that it’s your reputation and future on the line. The insurance company is comparing their hourly legal expenses for full-blown litigation to the value of getting out now with a settlement. They’re not concerned about your needs. There’s a big difference between you settling for $500,000 versus $50,000 for convenience. <back to top>
Q. What if I am never sued, do I really need MDS?
A. In Pennsylvania, the statistics show that one out of four medical practitioners is sued each year. Although you may not have been sued before, the odds are that you will be, and when you are it is imperative that you know and understand what to do and what your rights are.
As a client, however, even if you’re never named in a suit, we provide peace of mind while also providing you with valuable information, in the form of newsletters, on the state of med mal (current legislation, important votes upcoming, etc.). Also, if you need advice, or have questions, you can call your assigned attorney or legal staff and have an answer or consultation within 24 hours- all included in the monthly fee. We will also hold free seminars for our clients on risk management several times a year, given by seasoned malpractice defense attorneys.<back to top>
Q. If I know my conduct falls below the standard of care, why do I need MDS?
A. The fact that a medical practitioner acted below the standard of care does not necessarily mean that he/she should be liable for the injuries allegedly sustained by a plaintiff. Most of the time in medical malpractice cases, various doctors, practitioners and health care providers see and interact with a patient. Should you be liable simply because your name was on the chart?
And, if you are in the unfortunate circumstance where you are culpable, we’re going to do everything we can to assist in lowering any settlement to a true and reasonable number. People don’t realize that it’s your reputation and future on the line. The insurance company is comparing their hourly legal expenses for full-blown litigation to the value of getting out now with a settlement. They’re not concerned about your needs. There’s a big difference between you settling for $500,000 versus $50,000 for convenience.<back to top>
Q. Will MDS be able to speak on my behalf at depositions?
A. MDS will be able to participate at the depositions as well as assist you in the necessary preparation. Absent legitimate objection, this means that we will be able to ask questions to the plaintiff witnesses, co-defendants, experts and any trial witnesses who the plaintiffs plan on calling to testify on their behalf. <back to top>
Q. Can MDS help to educate me on the ever-changing world of Medical Malpractice?
A. MDS is constantly reviewing appropriate medical and legal standards so that we can better serve you, our client. MDS also offers seminars on various topics that will help you avoid being named in lawsuits. Throughout our representation, you will receive updates on various topics within the field of Medical Malpractice. <back to top>
Q. If I don’t retain MDS, can I still use them if I am sued?
A. Yes, but the cost of our services will drastically increase depending on our availability. Currently, attorneys are charging up to $45,000 to be the personal attorney for the medical practitioner in a malpractice action. However, MDS was created in order to give a voice to the medical practitioners who are named as defendants in suits. So, if a situation presents itself in which you need representation, but have not previously retained our services, we will do everything we can to make sure your needs are met. <back to top>
Q. Will MDS be available to answer my questions about the case if needed?
A. MDS will be available to you, our client, 24 hours a day, and 7 days a week to answer any questions you have about the legal action. MDS will be available to you 24/7. This means that you will have one of our attorneys’ contact information for any questions or concerns that you may have regarding the case. Your questions and concerns will be answered in a timely and efficient manner. In addition, MDS will be available to meet with you in order to discuss the case in more detail. MDS works for you, our client, and has your best interests in mind from day one. <back to top>
Q. Can MDS represent more than one doctor in a single practice?
A. MDS will be able to represent more than one doctor in a practice as long as a conflict does not present itself. If there is a conflict, MDS will assist you in finding capable, reputable counsel to represent the needs of one of the parties involved in the action. <back to top>
Q. How can MDS help me get out of a case?
A. MDS will do everything to make sure you have a voice from the beginning, so you can get out of the case sooner. We understand how the litigation process puts stress not only on you and your colleagues, but your family as well. The majority of medical malpractice cases take years to litigate. You should not have to be burdened with this if you did nothing wrong, and we will take every step to make sure that it never comes to this. MDS will give you the voice, and will be your eyes and ears so you don’t have to go through needless litigation. <back to top>
Q. How much will your services cost me?
A. You will be charged a small monthly fee. Most clients’ monthly fees range from $350.00 to $600.00. The actual monthly fee, however, will be determined by the level of protection requested and an assessment of your risk. MDS has spent years creating a Risk Assessment Algorithm to accurately determine the lowest possible cost to you.
Your payment may decrease as time passes without incident (legal action). <back to top>
Q. How is my risk-level assessed?
A. MDS will review many elements, including your specialty, type of practice (e.g. do you see minors), and litigation or complaint history. Again, MDS has spent years creating a Risk Assessment Algorithm to accurately determine the lowest possible cost to you. <back to top>
Q. Will MDS protect me in litigation that arises from events prior to becoming a Client?
A. MDS, as part of the standard protections levels, can neither protect you retroactively, nor for any litigation arising during a sixty (60) day waiting period after becoming a Client.
The Professional Rules of Conduct and other applicable rules and codes of ethics prohibit attorneys from actively seeking clients that are under the current need of legal assistance. Such behavior would amount to “ambulance chasing”, and may equate to seeking clients who could be under duress. MDS believes in, and upholds, the highest standards of ethics.
As a Client, however, MDS will always be by your side to provide you with guidance in these circumstances. So, should you not have been aware of such circumstance at the time of signing with MDS, and should the need arise, MDS will gladly assist you either by negotiating a separate Fee Agreement with you for such representation, or by finding competent counsel to assist you with your needs. <back to top>
Q. My agreement with my malpractice carrier states that they have the right to settle without my input. How can MDS assist in these circumstances?
A. Not all malpractice carriers have this qualification. However, if your agreement does have this clause, there are many things MDS can do to help.
With MDS on your side, you are less likely to get to that stage. MDS provides you with a voice- one that you do not currently have. There are two scenarios:
You are not culpable. In this instance, MDS will make it clear to the insurance adjuster, who is solely being advised by insurance-appointed counsel, that you believe you are not culpable. If you are, indeed, not culpable, it is likely that we will be able to secure an expert, if necessary, to bolster your position. You are culpable. You feel that you are culpable, just to a much lesser degree than the insurance company wishes to settle for. They don’t recognize that, although it’s their money at stake, you are the one bearing the burden of carrying that high number around for your career. Again, there is a big difference between you settling for $500,000 versus $50,000. If you are, indeed, less culpable than the insurance company believes, it is likely that we will be able to secure an expert, if necessary, to bolster your position.
Finally, MDS has former insurance-appointed counsel on staff. It is clear that the insurance company will be more likely to pay attention to your position with the MDS attorneys on your side, giving you the voice you’ve been lacking.<back to top>
CONTACT US
|
