Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Medical Malpractice Law & StrategyKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

The Med-Mal Settlement and the Confidentiality Clause

By Janice G. Inman
March 29, 2012

Like everyone, doctors and other medical care providers are deeply concerned about their professional reputations. Allegations of medical malpractice, whether completely unfounded or based on solid evidence, can damage a medical practice, or lead a care provider's other patients to question the care they have received in the past. Whenever possible, damage control is desirable when a medical professional stands accused of providing substandard care.

To preserve reputations, settlement agreements often contain clauses emphasizing that, although the parties are settling, the medical professional has not admitted any wrongdoing. In the same vein, attorneys representing medical clients routinely press the opposing side to preserve confidentiality. Complainants may agree not to disclose the details of their alleged injuries, or the amounts they received to conclude the case. Such confidentiality clauses often come at a higher settlement cost to the medical provider, but their value to a practitioner's reputation going forward may be considerable; that is, unless the bargained-for secrecy pact cannot be enforced.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.