Consequences
A malpractice case is like the classical many headed Hydra, and you may have only cut off one head. It is a common part of the plaintiff's attorney's strategy to have encouraged complaints to licensing boards, payers and any other applicable group. Furthermore you may have to struggle with how your insurance company views the outcome, and the various credentialing committees you are under.
If complaints remain to a licensing board, they may make their valuation for a very different reasons than malpractice case. They often look at the transcript, but may not care about the outcome. However, this means you have to consider if their opinion makes the situation better or worse.
If billing issues were raised to the payer or Medicare, this may also create a separate line of attack you will have to meet in a separate manner. Here you probably have a matter not covered by your insurance, and it will require a separate lawyer.
In spite having the best legal counsel, you'll find facets of the case which are just as important to you yet may not be covered under your insurance policy. This includes settlements with awards in excess of the policy limits, and punitive damages. Both of these usually require you have a separate counsel who often is at odds with your own insurance company. This is a complicated ballet they understand and anticipate. But often you don't get told about it, and have to learn as the matter proceeds. It is by far best to understand the issues in advance.
Also with an uncovered award such as one in excess of your aggregate coverage or a punitive award, you'll likely be involved in appeal, negotiations, and a compromise. In the meantime, you may well need an asset protection attorney and have to take a number of other steps. This is yet another set of problems usually needing separate counsel.
Furthermore, if you are dealing with licensing board complaints, which is becoming more common with malpractice, this matter also requires a separate counsel. Some insurance companies provide a small amount of money to cover your costs in these matters. Look into the rules carefully, it can be one amount, or an amount per year of policy involvement. And sometimes the rules are unclear. This is usually a substantial help if your case is resolved without a hearing. But it is not likely to be enough to cover a hearing. The years in which your case or cases occurred can determine the amount of coverage. This may be grey depending on the course of your case. So read your policy carefully and ask specific questions..
Another consequence is the National Practitioner's Data Bank. We all know, it maintains records of settlements and lost cases, as well as disciplinary actions. While the public is not supposed to be able to access the database, hospitals, licensing boards, and payers can for a fee. You can see your file, if you have one, for a fee. While there is not a lot you can do about the listing, you do have some options you should not overlook.
The first part of the file in a malpractice case is usually a statement from the insurer. This tends to be submitted without consulting you. You have a response you can post. If you want to contest what the insurer posted, you can. At present you indicate the report is contested, then write to the insurer. If that fails you can appear higher, but this is probably much more difficult to affect. The NPDB states that they prefer the insurer to work out any disagreement with you prior to the posting. Ifyou know they are going to report a case, you may want to inform them that you want to see the draft before submission.