Representing Doctors, Dentists and Lawyers and CPAs

Posted on behalf of RizkLaw on Mar 02, 2012 in Medical Issues

Other injury attorneys sue physicians, dentists CPAs and other professionals. I fight for them…in the context of denied long term disability claims. I come from a medical family, Dad is a retired surgeon. Mom is a retired psychiatric nurse. I have seen Dad suffer though needless, endless depositions simply because he was the treating OBGYN in the face of understandable upset parents of a child born with defects. He retired long ago, but litigious parents and skyrocketing malpractice costs played into his decision to retire when he did.

There is good news for disabled professionals faced with LTD denials. Draconian federal law ERISA probably does not apply. This means bad acting insurers will face a jury, not a federal judge appointed for life. Also, attorney fees are more easily awarded in Oregon state court thanks to a ORS 742.061. Also, disabled professional who purchased their own long term disability policy will not have to show the insurer “abused discretion”, a very high threshold that applies in federal ERISA cases. Still, even in state court professionals must prove more than mere disability. Professional must prove disability under the policy and compliance with policy conditions. Insurance policies can be difficult for even the most educated professional since each policy term is not a word, but rather a term of art with years of case law interpreting key terms.