The original victory came on August 12th, 2005 when a Broward County Circuit judge ruled in favor of an HUFL insured doctor by dismissing a medical malpractice claim and ordering the plaintiff's attorney to pay the defense attorney's fees and costs.
“I believe that an aggressive defense posture could go a long way toward deterring the filing of non-meritorious claims against HUFL insured doctors in the future.”
The plaintiff's attorney initially appealed the decision, and then withdrew the appeal. In keeping with an agreed upon payment plan, the first check from the plaintiff's attorney has now arrived to pay the fees and costs.
"This first check from an attorney confirms our ability to effectively fight meritless cases," said Steven Shapiro, M.D., Chairperson of the Board for HUFL. "When a patient is truly injured by a medical error, we want to pay a reasonable amount in a timely manner. However, every attorney in Florida needs to understand that we will not pay meritless claims simply to make them go away. They need to understand that, through HUFL, Florida physicians have taken control of their defense. To preserve the reputations of our insured doctors and to discourage meritless claims, we are going to fight back every time."
Michael A. Petruccelli, the defense attorney who handled this case on behalf of HUFL's insured doctor, was pleased with the outcome. He is hoping that this victory will serve as an example for other insurance companies as they face a choice between settling and fighting such claims.
"Working with Healthcare Underwriters Group is refreshing. They have made it clear that they want their physicians defended fully when someone brings a claim with no merit," said Petruccelli. "I believe that an aggressive defense posture could go a long way toward deterring the filing of non-meritorious claims against HUFL insured doctors in the future."
"Our insured physicians own this company. We have promised them that we will not settle claims without merit," said HUFL's Director of Claims, David McKenney. This was clearly a case that fell into that category. I have heard people raise concerns over how prudent it is to fight meritless claims in Florida. Some seem to think it will just be too expensive to fight this fight. In fact, I believe that, over time, it is too expensive not to fight. This case sends a clear message that our physicians have had enough! Attorneys that bring meritless cases against HUFL insureds can expect to face an uphill battle. They may even end up writing a check."
HUFL is a non-profit, non-assessable insurance reciprocal owned and governed by Florida doctors. The company is domiciled in Florida and licensed by the Florida Office of Insurance Regulation. For more information, call (866) 484-5715 or visit http://www.HUgroupfl.com.
