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Possible conflict of interest

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izzybee

Junior Member
What is the name of your state (only U.S. law)? New Jersey

My question is our family is currently involved with a medical malpractice case involving a Hospital and Rehabilitation Center that are not affiliated but are insured by the same company for there medical malpractice insurance.
My lawyer is involved with a possible settlement with them but seems to be a hold up with the attorney representing the Hospital and the attorney representing the Rehabilitation Center, they can not come to an agreement on who they feel holds greater responsibility in the settlement. My question of a possible conflict of interest is the Attorney Representing the Rehabilitation Center is also on the Board of Directors of the Hospital involved in this Lawsuit. Would that be considered a Conflict of Interest.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? New Jersey

My question is our family is currently involved with a medical malpractice case involving a Hospital and Rehabilitation Center that are not affiliated but are insured by the same company for there medical malpractice insurance.
My lawyer is involved with a possible settlement with them but seems to be a hold up with the attorney representing the Hospital and the attorney representing the Rehabilitation Center, they can not come to an agreement on who they feel holds greater responsibility in the settlement. My question of a possible conflict of interest is the Attorney Representing the Rehabilitation Center is also on the Board of Directors of the Hospital involved in this Lawsuit. Would that be considered a Conflict of Interest.
Could be but it is not your conflict to raise. It would be a conflict for the rehab center OR the hospital to raise and they could also waive it.
 

izzybee

Junior Member
Could be but it is not your conflict to raise. It would be a conflict for the rehab center OR the hospital to raise and they could also waive it.
Thank you for the reply. My concern is only that the hold up seems to be because of that. A dollar figure for the settlement was derived at which seems to be fair to them according to my Attorney but they can't come to agreement on who holds more responsibility in the settlement and it just seems to be dragging on way to long. They both have the same insurance company for there Malpractice Insurance and the adjustor for that company had also reached out with an offer earlier. Seems very strange.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? New Jersey

My question is our family is currently involved with a medical malpractice case involving a Hospital and Rehabilitation Center that are not affiliated but are insured by the same company for there medical malpractice insurance.
My lawyer is involved with a possible settlement with them but seems to be a hold up with the attorney representing the Hospital and the attorney representing the Rehabilitation Center, they can not come to an agreement on who they feel holds greater responsibility in the settlement. My question of a possible conflict of interest is the Attorney Representing the Rehabilitation Center is also on the Board of Directors of the Hospital involved in this Lawsuit. Would that be considered a Conflict of Interest.
Any attorney hired by an insurance company to represent an insurance company's client (the insured) will often have to balance competing interests. The attorney will need to provide the best defense possible for the insured client and abide by the client's decision to settle or try a case, but the attorney knows who is paying for the defense of the client and who is paying for him. The insurance company. And the insurance company will want to keep costs low.

The attorney hired by the insurance company to represent the hospital and the attorney hired by the insurance company to represent the center are both working in their respective clients' best interests by arguing client-responsibility (the degree of responsibility can affect reputation). Any conflict of interest that might be present that could affect their clients would be raised by these attorneys (and not by your family's attorney), but it appears that it is not any conflict of interest that is causing the delay in the settlement - rather it appears the delay is due to the attorneys working in their clients' best interests.

At any rate, and using far more words than Ohiogal did (just because I have some time to kill :)) I agree with Ohiogal that this does not seem to be a matter that you can do anything about.
 

izzybee

Junior Member
Any attorney hired by an insurance company to represent an insurance company's client (the insured) will often have to balance competing interests. The attorney will need to provide the best defense possible for the insured client and abide by the client's decision to settle or try a case, but the attorney knows who is paying for the defense of the client and who is paying for him. The insurance company. And the insurance company will want to keep costs low.

The attorney hired by the insurance company to represent the hospital and the attorney hired by the insurance company to represent the center are both working in their respective clients' best interests by arguing client-responsibility (the degree of responsibility can affect reputation). Any conflict of interest that might be present that could affect their clients would be raised by these attorneys (and not by your family's attorney), but it appears that it is not any conflict of interest that is causing the delay in the settlement - rather it appears the delay is due to the attorneys working in their clients' best interests.

At any rate, and using far more words than Ohiogal did (just because I have some time to kill :)) I agree with Ohiogal that this does not seem to be a matter that you can do anything about.
Thank you very much for your response explained in more detail that I understand.
 

quincy

Senior Member
Thank you very much for your response explained in more detail that I understand.
You're welcome, izzybee. :)

I hope that the other parties are able to agree on settlement terms soon so this can be resolved for you. Good luck.
 

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