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Demand letter and Consent to settle.
Anonymous3 views3 answers
I was injured by a nurse that is fully negligent. I wrote a demand letter to the nurses insurance company and requested a sum of money. The insurer told me that they are just waiting for the Consent to settle. Does this mean they will meet my demand or does this meam they will negotiate a different amount and does this sound like a victory for me?
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to Oklahoma state law. However, generally, most medical malpractice insurance policies contain a clause which gives the insured the right to refuse a settlement.
Based on your description, I do not think that you can rely on them meeting your demand, should consent be given to negotiate a settlement. However, it is possible, if the malpractice is as clear cut as you appear to indicate. Just be prepared to further negotiate.
If they're wiling to settle, yes it may be a "victory" for you, but it may not be a good one. I don't know how you were injured (if at all) or what the circumstances are behind you filing a demand letter. If you're concerned about settling a personal injury/medical malpractice case, you would be well advised to discuss this with a personal injury attorney before signing anything You could be settling for far less than your case is worth and/or giving up very important rights by signing off on your claim.
The above is not intended to be legal advice, nor does it form an attorney-client relationship between us. I do not practice law in your state, nor do I focus on this area of law. The above answer is provided for general information only and should not be relied upon without verifying your legal situation with an attorney licensed to practice in the jurisdiction where your case is pending. Consult an attorney to protect very important rights you have in this situation.
Nope, I'm afraid "consent to settle" means something in insurance-speak that is totally different than you would imagine.
For most medical malpractice policies, the insurer is only allowed to settle the case if the medical provider tells them they can. But that permission is seldom provided.
So what they are really saying is, "we need to know what the nurse's position is before we even waste our time evaluating this, as we're pretty sure she'll say no."