If my insurer wants me to fill out documents that could be part of a malpractice suit and I don’t want to get involved, do I have an obligation to do so?

UPDATED: Dec 14, 2011

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If my insurer wants me to fill out documents that could be part of a malpractice suit and I don’t want to get involved, do I have an obligation to do so?

I recently had surgery for a previously undiagnosed condition. I received test results from another physician that were 6 months old indicating that my condition was serious. I phoned my insurance company to complain about the delays in receiving the results. Now, I have received a request from my insurance company and a board of insurance to fill out some forms that I fear could be part of a legal situation that I do not want to get involved in? Do I have to fill out the forms and if so who could help me so that I don’t end up somehow negatively impacted?

Asked on December 14, 2011 under Malpractice Law, Nevada


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am unsure how you would be negatively impacted but it sounds like the insurance company wishes to sue whomever it had to pay and perhaps these delayed test results would have impacted it. You should not say anything or respond at this point until you do one or both of the following. Contact your state's insurance department and make general inquiries regarding these practices and whether it woud be appropriate to file a complaint against your insurance company. It cannot drop you as an insured in retaliation. Further, you may wish to consult with a medical malpractice attorney, especially if it is the insurance company's fault that the delay in results took place. If this is the case, then you may have a viable lawsuit for damages against the doctor, the lab and the insurance company you have.

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