Healthcare; Insurance; Litigation: Commercial

Archer v. Medical Protective Company of Fort Wayne, Indiana

Amarillo- 7/13/06 -07-05-0258-CV

Chief Justice Quinn 

Medical Malpractice. Attorney hired by insurer to defend physician was accused of breaching fiduciary duties to his clients.

Archer, a physician insured by Medical Protective Company (MPC), was sued by one of her patients for medical malpractice. Although a jury found her negligent and awarded damages, the Court of Appeals absolved her of liability. She then sued MPC, her trial counsel, and counsel’s law firm to recover for damages purportedly relating to their failure to settle the underlying medical malpractice cause before trial. The trial court granted summary judgment for Ds. Held: Reversed in part. Although P’s absolution insulated MPC from any purported Stowers claim arising from its refusal to settle, the Court found P’s claim against her attorneys for breach of fiduciary duty viable and remanded it for trial