As most doctors are probably painfully aware, medical malpractice claims are on the rise, and increase each year. Physicians and medical facilities carry malpractice insurance to indemnify them when such medical malpractice claims are filed against them. However, as the number of malpractice claims increase, so do malpractice insurance rates. When a medical malpractice claim is filed against a physician or medical facility, the very first thing that needs to take place is obtaining representation from one of the many medical malpractice lawyers in the area.

In the case of a plaintiff, which is the party filing the lawsuit; there is complete control over the choice of a legal representative in the malpractice case. The plaintiff in such lawsuits is typically the patient who was allegedly injured in some way by the medical treatment received. The plaintiff can go out and find any medical malpractice attorney they deem fit to represent them in the case. Defendants in such cases, which are typically the physician and/or the medical facility where treatment was provided, do not have sole discretion in choosing their malpractice lawyer.

Why is this? Because your representation as a defendant in a medical malpractice case is mostly governed by your malpractice insurance carrier. Malpractice insurance companies pay to defend their insured doctors and medical facilities in such lawsuits. As such, they typically develop a panel of malpractice lawyers who specialize in this area of law. These medical malpractice attorneys and law firms are basically on retainer with the insurance companies, and when an insured is served with a lawsuit, the insurance company will determine which law firm on its panel to contact to provide representation.

The insurance companies typically include several different malpractice law firms on their panels so that they can pick from a few each time there is a need for representation. Accordingly, it is in the best interests of the law firms sitting on those panels to work hard on each and every case assigned to them by the insurance companies to get the best outcome possible without charging a lot of hours to the case so that it is extremely economical and favorable to the insurance company. These firms are known as "insurance defense" firms and the insurance company typically fixes the hourly rate charged by them. The medical malpractice cases are not huge moneymakers for the firms. But with enough cases coming in the door, this area can be quite lucrative for malpractice lawyers and malpractice attorneys.

The way this system works may seem unattractive to many physicians who would like more control in their cases. This should not be cause for concern. Although the insurance company may be footing the bill and making some of the decisions in the matter, the physician/defendant will be intimately involved in the case and may attend any and all hearings and depositions. He will be needed to answer questions in discovery and assist the malpractice attorney as needed. Indeed, the medical malpractice lawyer representing the defendant will call upon him often to understand the care given. The defendant is also empowered with the decision of whether or not to accept a settlement offered in the case.

Although the physician typically does not get to choose which malpractice lawyer will represent them in any given case, rest assured that they will receive more than adequate representation. Each and every attorney and law firm chosen to be on a malpractice insurance company's panel of malpractice attorneys is very skilled and knowledgeable in the area of medical malpractice. In fact, they usually specialize in this field of law so they can concentrate only on these types of cases.