A friend of mine in New York is facing a lawsuit from a patient seeking $500,000. The patient has offered to settle for $100,000 and an apology, which my friend’s malpractice insurance is also willing to cover. However, my friend prefers to take the case to court rather than apologize, as the patient is insistent on receiving an apology as part of the settlement. The patient mentioned that his lawyer advised him he’s not required to accept a settlement without an apology, and that the insurance would need to provide a defense for my friend. Although I’m unsure of the specifics behind the lawsuit, everyone seems to be urging him to settle and move on. I’m curious—if he were to lose the case, would there be any repercussions beyond the $500,000 claim? I believe he has a $2 million coverage limit. Just seeking general insight here, not legal advice, as he already has a lawyer.
Friend in NY is being sued and does not want to settle even though his insurance wants to.
It sounds like your friend is in a tough situation. Generally, if he has a $2 million malpractice coverage, that should cover the settlement amount, but if he decides to go to court and loses, he could face some risks.
Potential Consequences of Going to Court: If he loses the case, he may not only be responsible for the $500k judgment but could also be liable for legal fees and court costs, which could add up significantly, especially if the case is prolonged.
Insurance Implications: His insurer may not cover any damages above the policy limit, which could leave him financially vulnerable if the jury awards more than what he’s willing to settle for. Also, his insurance company could reconsider offering coverage in the future if he decides to take a stance they don’t support.
Emotional and Time Costs: The stress of going through a trial can be considerable. It can take months or even years to resolve, which can take a toll on personal and professional life.
Reputation Damage: Public court cases may impact his reputation, regardless of the outcome. Settling might help him maintain his professional standing.
Ultimately, your friend’s choice should weigh the potential consequences of going to court against the benefit of standing his ground on the apology. It’s good that he has legal representation to help navigate these decisions.