Legal Question in Medical Malpractice in Texas
Time Frame
I hired an attorney for medical malpractice. The person was served, he turned the lawsuit into his insurance, the insurance company hired a law firm to handle the case - they requested discovery, and now it's back in insurance company with an adjuster and has been with him for 6 weeks. What is the time frame that he has to resolve this situation? My attorney says the case is backwards. We have not had a deposition. My attorney was very surprised that the insurance adjuster had the case file.
1 Answer from Attorneys
Re: Time Frame
i am also very surprised and this does sound backwards. generally, when a claim is made against an insured party (in this case the doctor)the insurance company assigns an adjuster to manage the claim. when suit if filed, the doctor turns the suit over to the insurance company who in turn hires a defense attorney who provides the legal defense of the case for the doctor.
even though the insurance company hired attorney is providing the legal defense, the adjuster will still be involved to the extent that the adjuster will want reports from the defense attorney and updates on the case. so, in fact, both the adjuster and the defense attorney are working for the doctor and the insurance company in defending the claim and/or lawsuit.
i hope this helps. bill featherston
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