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The Med-Mal Settlement and the Confidentiality Clause

By Janice G. Inman
March 29, 2012

Like everyone, doctors and other medical care providers are deeply concerned about their professional reputations. Allegations of medical malpractice, whether completely unfounded or based on solid evidence, can damage a medical practice, or lead a care provider's other patients to question the care they have received in the past. Whenever possible, damage control is desirable when a medical professional stands accused of providing substandard care.

To preserve reputations, settlement agreements often contain clauses emphasizing that, although the parties are settling, the medical professional has not admitted any wrongdoing. In the same vein, attorneys representing medical clients routinely press the opposing side to preserve confidentiality. Complainants may agree not to disclose the details of their alleged injuries, or the amounts they received to conclude the case. Such confidentiality clauses often come at a higher settlement cost to the medical provider, but their value to a practitioner's reputation going forward may be considerable; that is, unless the bargained-for secrecy pact cannot be enforced.

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