A friend of mine in New York is facing a lawsuit from a patient seeking $500,000. The patient is open to settling for $100,000 and an apology, and his malpractice insurance is also willing to cover the settlement. However, my friend is reluctant to settle and prefers to go to court because he does not want to issue an apology. The patient has stated that he won’t settle without that apology. He mentioned his lawyer informed him that he isn’t obligated to settle and that his insurance would need to defend him. I’m not sure about the specifics of the case, but everyone seems to be advising him to settle and move on.
If my friend loses the case, what could the consequences be regarding the $500,000 claim? I believe he has a $2 million coverage limit. I’m not looking for legal advice on his behalf—he already has a lawyer. I’m simply curious about the potential outcomes if he chooses not to settle. I wouldn’t want to ask him directly, as I don’t want to unintentionally influence his decision and make him reconsider or regret it later. Ultimately, the choice to settle or not is his, and I respect that.
Edit: To clarify, I am strictly asking out of curiosity. I am not seeking legal advice for him and do not intend to provide any. I just want to understand the possible implications without putting any pressure on him regarding his decision.
It sounds like a difficult situation for your friend, and it’s understandable to be curious about the potential consequences of not settling. If he goes to court and loses, he could indeed be liable for the full $500k judgment, assuming the court rules against him. This could result in financial strain, especially if legal fees and any additional costs come into play, depending on how the case unfolds.
Since his malpractice insurance provides coverage up to $2 million, he should have protection against the judgment amount, which might alleviate some concerns. However, there are also the emotional and professional ramifications of going to trial, including the stress associated with court proceedings and the possibility of reputational damage.
Ultimately, the decision to settle or not is highly personal and can be influenced by many factors, including your friend’s principles, comfort with risk, and how he perceives the potential outcome of a trial. It’s good that you’re being respectful of his choice and not trying to influence him. Letting him know you’re there to support him, regardless of which path he chooses, can be helpful.