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Physicians must not impede settlement of 'meritorious claims.'
CASE ON POINT: Lovewell v. Ohyians Ins. Co. of Ohio 679 N.E. 2d 119 - OH (1997)
ISSUE: Under most professional liability insurance policies, physicians have the right to withhold their consent to the settlement of a medical malpractice claim against them. Most physicians are justifiably reluctant to consent to settlement of questionable or doubtful claims. However, once a claim is recognized as "meritorious", physicians should not withhold their consent to settlement. If they do so, they may find that they, and not their insurance carriers, may be liable to pay all "prejudgment" interest.
CASE FACTS: Frank Lovewell filed suit for medical malpractice against his physician, Dr. Pradist Satayathum. The patient obtained a jury verdict …
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