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Suing a Hospital or Practitioner Who Has Medical Malpractice Insurance: What You Should Know!

Medical Malpractice Insurance

Filing a case against a medical practitioner or a hospital covered by medical malpractice insurance can be intimidating. They might make you believe that you can only do so much, given the legal protection they possess. However, despite having medical malpractice insurance, they are not entirely invulnerable to liabilities.

If a negligent medical practitioner has injured you and has medical malpractice insurance, this blog post is for you. Learn everything you need to know to help make your medical malpractice claim successful.

What Is Medical Malpractice?

Medical malpractice refers to negligence errors that occur during a medical procedure or consultation. We’ve listed some of the most common types of medical malpractice here:

  • Misdiagnosis
  • Surgical errors
  • Anesthesia errors
  • Prescription and medication errors
  • Long-term negligent treatment
  • Improper medical advice
  • Birth injuries
  • Pregnancy and delivery injuries
  • Dental care negligence
  • Cosmetic surgery injuries

What Is Medical Malpractice Insurance?

Medical malpractice insurance is a type of professional liability insurance for medical professionals, like doctors, surgeons, nurses, and other professionals involved in a patient’s health and wellness. This professional insurance provides financial assistance to practitioners accused of medical negligence.

Who Has It?

As mentioned, primary care providers (i.e., doctors, nurses, surgeons, etc.) and other medical professionals (physical therapists, physician assistants, pharmacists, etc.) normally possess medical malpractice insurance policies.

However, other professionals involved in a person’s wellness and health – like fitness instructors, nutritionists, and personal trainers – can also purchase medical malpractice insurance coverage.

How Does It Work?

There are two types of medical malpractice coverage categorized according to coverage length. They are claims-made coverage and occurrence-made coverage.

Claims-made medical malpractice insurance covers liability claims made in the same year that the incident occurred. For example, if the patient suffered from a surgical error in 2010 and filed a claim later that same year, the doctor would be covered by their insurance carrier for the incident.

Occurrence-made medical malpractice insurance provides lifetime coverage for incidents that happened during a covered year, even if the claim is not made that year. Let’s take the example above. If the doctor was only covered for 2010 and the incident happened in 2010, but the patient filed a claim in 2011, then the insurance would still cover the doctor.

Is It a Legal Requirement?

Medical malpractice insurance is not a requirement in most states. However, it is required in Colorado, Connecticut, Kansas, Massachusetts, New Jersey, Rhode Island, and Wisconsin. Countless medical malpractice insurance options are available, ranging from affordable coverage options for a specific medical practice to more extensive coverage for several medical practices.

What Do You Need to Know About Medical Malpractice Insurance?

When filing a case against a medical provider covered by professional liability insurance, it’s important to understand the extent of their insurance coverage. In most cases, medical malpractice insurance covers the victim’s damages and the provider’s overall defense costs.

Keep in mind, the claims-made medical malpractice insurance policy is limited to the provider’s covered year. However, the provider might add a “tail” insurance policy to extend their coverage after the original policy expired. Tail coverage is typically two times as much as a normal policy.

Contact Rossetti & DeVoto, P.C.!

Just because they have these protections in place doesn’t mean your case is hopeless. With the right legal representation, you’ll have the best chance of achieving justice and receiving fair compensation.

At Rossetti & DeVoto, P.C., our skilled medical malpractice lawyers have more than 25 years of shared experience in recovering damages for victims of medical negligence. We know how to fight for your rights and win!

Call us at 856-354-0900 or complete our online contact form to schedule your free case evaluation with one of our top medical malpractice attorneys.

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