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To Settle or Defend

By Kevin M. Quinley
December 31, 2014

Apple's iPhone muse and general know-it-all, Siri, can provide a ready answer to nearly any question. Its analytical ability would, however, be sorely taxed by the agonizing decision that physicians must make when facing medical malpractice claims: to defend or empower the insurance company to try to settle?

To systematize an approach to making reasoned decisions in this regard, let's examine eight practical considerations for physicians to weigh when deciding whether to defend or settle. This analytical construct may also be of use to defense attorneys who represent health care professionals, and to insurance claim professionals who participate in the litigation and defense process.

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