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Florida Report Gives Docs Idea of Which Insurers Settle or Fight Malpractice Claims

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Florida Office of Insurance Regulation Logo

Schrier Law Group will be the first to tell you, that when it comes to litigation, it is important to know which entities tend to settle and which tend to fight tooth and nail when it comes to medical malpractice (or any legal lawsuit). And while we fight for our clients the same way, either way, it is good to know what companies tend to do.

Florida’s Office of Insurance Regulation has put out an annual report (for 20 years now) on the condition of the medical malpractice insurance market that provides an inside look at insurers regarding strength, claims responses, and more. The 2020 report, which focuses on the top 20 medical malpractice companies in the state, is especially useful when trying to find out which insurance carriers litigate claims versus how many close their cases with payments.

“What we find most useful is the closed claims data chart, which lets us understand each company’s claims philosophy,” said Matt Gracey, CEO and medical malpractice insurance specialist at Danna-Gracey, the largest independent medical malpractice insurance agency in Florida. “Are they going to fight a claim that’s defensible, or settle everything they can to avoid a big shock loss?”
“Some insurers take the position that it’s a lot better to settle cases because the doctor and the insurance company aren’t exposed if they can get the doctor out for limits of liability or less,” he continued, adding that claims totaling more than $10 million are becoming more frequent. “Others believe in fighting anything that’s defensible, which is what most doctors want so as not to blemish or ruin their reputations.”
The data reflects a company’s confidence in its in-house claims managers, who decide which claims to settle and which to push back on, as well as the outside attorneys they hire. The 2020 report is an interesting mix, with some companies settling numerous cases and others holding the line.
The top two medical malpractice insurers in Florida, The Doctors Company and MedPro, for example, settled 58.4% and 40.1% of their claims with payments; whereas ProAssurance settled 81.5%, MedMal Direct settled 88.6%, and Physicians Insurance Company settled 93% with payments.
The report also reflects a recent change by the Florida Legislature to a longstanding law that kept insurance companies from offering malpractice insurance that allowed doctors to choose whether to consent to a settlement.
“Before, if a doctor was sued and wanted to settle, the insurance companies could still decide to fight the suit. The doctor wasn’t allowed by law to have any voice in the decision,” said Gracey. “Now, if an insurance company wants to give a doctor a say in settling, they can.
According to Gracey, it can be problematic when an insurance company gets a reputation for settling cases.

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The Schrier Law Group handles many medical malpractice cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
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Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).

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My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

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The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

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West Jean

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I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

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The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

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Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

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Cat Breen

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The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

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