Maryland court rules med-mal defendant can rescind high-low settlement agreement

From: Lawyer's Weekly USA | Date: April 24, 2006| Author: | Copyright information

A doctor sued for malpractice could refuse to pay under a high- low settlement agreement entered during trial where the plaintiff breached the deal by appealing the jury's verdict, a Maryland appellate court has ruled.

The plaintiff accused the defendant of negligently performing a surgical procedure on her stomach. The parties entered into a so- called high-low settlement agreement during trial. Under the agreement, the defendant agreed to pay $250,000, even in the event the jury returned a verdict in his favor, in exchange for having his potential damages capped at $1 million. The parties ...