"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email.
Medical malpractice insurance carriers generally require very large deductibles from their insured doctors. Furthermore, most states have laws that require doctors to report any claims of medical malpractice to a state-run board, which can result in higher insurance rates. Doctors may be willing to settle for an amount at or around the amount of their deductible, as it will abrogate the need for them to report the case. They are simply choosing to pay you the amount of the deductible instead of paying the insurance company. Seek counsel before accepting this type of settlement, as you need to be sure your future medical needs will be provided for.
Proving medical negligence in these cases is inherently difficult and technical work. Furthermore, juries tend to favor the doctor in medical malpractice trials, making winning a lawsuit – or even a settlement -- against a doctor tricky. This is why these types of personal injury cases are often referred to lawyers whose regular caseload includes a good portion of medical malpractice cases. You’ll need an experienced attorney to successfully sue a doctor.