The type of consent to settle clause in your malpractice policy could have a direct impact on the settlement of any claim made against you. The time to determine your rights regarding a settlement is not when you are named as a defendant in a malpractice suit. Whether you purchase your own malpractice coverage or it is provided by your employer or facility, it is important to familiarize yourself with the consent to settle clause in your malpractice policy before you are involved in any legal action.