A friend of mine in New York is currently facing a lawsuit from a patient who is seeking $500,000. The patient has expressed a willingness to settle for $100,000 and an apology, a proposal that my friend’s malpractice insurance is also prepared to accept. However, my friend is opting to go to trial instead of settling because he is reluctant to apologize. The patient’s lawyer has informed him that he isn’t required to accept the settlement, and that his insurance would be responsible for his defense.
While I’m not entirely sure what the lawsuit is about, many people are advising him to settle and move on. I’m curious about the potential consequences if he chooses to fight and loses the case, especially considering he has a coverage limit of $2 million. I just want to clarify that I’m not seeking legal advice for him, nor am I looking to offer any. My friend already has legal representation, and I don’t want to influence his decision regarding whether to settle or not. I prefer to avoid bringing up these topics directly, as I wouldn’t want to sway his thinking or make him reconsider his stance. Ultimately, the decision is his to make, and I hope he feels confident in whichever path he chooses.
Edit: Just to reiterate, I’m not looking for legal advice for my friend, nor do I want to provide any. My friend has a lawyer, and I’m simply curious about the possible outcomes if he chooses not to settle. I really don’t want to be the one who prompts him to second-guess his choices.
It sounds like your friend is in a tough situation, and it’s understandable that you want to know more about the potential outcomes without influencing his decision. If he chooses to go to court and loses, the consequences could be significant. While he has a $2 million coverage, if the court awards the plaintiff $500,000, his insurance should cover it, assuming it’s within the policy limits and the claim falls under its coverage. However, if he loses, he may also face additional costs, such as legal fees that exceed what the insurance covers, potential damage to his reputation, or other non-financial impacts.
On the other hand, by not settling, he risks a court’s judgment that could be beyond what he anticipates. Additionally, his stance on not wanting to apologize could be a larger issue for him personally or professionally, which may weigh heavily on his mind regardless of the financial aspect. It’s a complex decision, and navigating the emotional side along with the financial implications can be challenging. Ultimately, it seems like he will need to weigh his principles against the potential risks he’s facing.