The papers add: "Dr. Forman executed an unconditional consent to settle the underlying malpractice action." Frisenda did not comment further.
Miller, who is co-counsel defending Martin Clearwater & Bell, says "there's very little we agree with in the plaintiff's case." As for the malpractice settlement, Forman may have been hit with "many millions of (dollars) in damages, way beyond his insurance coverage," Miller said.
As far as Forman is concerned, one of the problems that impacts physicians in malpractice cases is when the same insurance company represents the doctor and hospital. "Someone is going to get the short end of the stick, especially if one defendant signs off on the consent and the others don't," Forman says.
There was another thing that he didn't do that certainly might have helped his cause, and should be in a physician's playbook to avoid malpractice litigation, and that's to keep tabs on hospital records, he says.
Before agreeing to the settlement, the anesthesiologist was told that he "needed to be a team player for the hospital that had been good to him," Forman recalls. He says an internal hospital review essentially exonerated him and he had good employment records. But Forman says in his suit that his employment records were mistakenly shredded by the hospital after he left.
"It was a nightmare, but something you put in your rearview mirror," Forman says. "I want to shed light on this situation because lawyers and the insurance industry have to become more transparent."