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This is how the Plan works
1. When a lawsuit occurs against a Member, and the Member believes that such lawsuit is or may be frivolous, the Member or Member’s attorney must provide notice to the Plaintiff’s attorney and the Plaintiff that they have thirty (30) days to drop the lawsuit or that action may be taken against the attorney, his client, and the expert witness.
2. When there is a determination in favor of the Member of the lawsuit as provided for in the Plan, the Member shall notify Physician’s Protective Group in writing, and the Member shall furnish to Physician’s Protective Group copies of all documents and records pertaining to the lawsuit. The claim will then be reviewed by our Claims Committee which consists of practicing physicians and attorneys. The Claims Committee, utilizing the Claims Criteria, shall make a determination as to whether or not to pursue claims against the Plaintiff, the Plaintiff’s attorney, and/or the expert witness or witnesses.
3. Actions, where appropriate, may then be taken against the Plaintiff’s attorney, the Plaintiff, and/or the expert witness or witnesses.
4. Any damages or fees collected as a result of such action in excess of the amounts actually spent by Physician’s Protective Group in pursuing such claims shall be awarded to the Member.
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