Likewise, claims against HMOs in amounts below their liability policy deductible may not be reported. As a result, there may be fewer claims involving HMOs that contract with doctors. In some instances, although a service provider or institution believes it isn't liable, it may nevertheless choose to settle disputed claims quickly rather than incur sizable legal costs in lengthy litigation. The Florida Medical Association cautions that the settlement of malpractice claims occurs for a variety of reasons, which do not necessarily reflect negatively on the professional competence or conduct of the individual provider or institution. Payment of a claim should not be a presumption that malpractice has occurred.
Physicians often have little control over whether the insurance company pays an award.
An insurance company may pay a claim on behalf of the insured physician, even when there is no liability, if the cost of defending the claim might exceed a potential settlement. A large payment in a malpractice case does not necessarily indicate the provider or institution made a serious error. It could indicate, instead, that the patient suffered significant economic damages as a result of alleged malpractice. The Florida Hospital Association strongly supports providing meaningful data to consumers. However, liability claims information can be misleading.