Medical malpractice cases are more common than we’d like them to be and that’s a fact. However, just like any other personal injury law case – you would have to deal with insurance companies. Of course, the premises are completely different and there is no place for the “no fault” rule when it comes to medical malpractice but you would once again have to deal with insurance companies and their adjusters.
Why? Well, because mistakes tend to happen and the medical professionals can’t work under pressure of committing something that might render them liable for hundreds of thousands of dollars. In order to ensure their professional attitude and unburdened practice, every single doctor is covered by a professional insurance policy which covers these sorts of damages. This makes the matter more complicated for the plaintiff. However, there are things that you need to take into account.
The coverage of the policy
The first thing that you would need to account for is the coverage of said policies. They are usually signed for a certain period of time. This means that if the injury that the claim is targeting has happened in the period that’s covered – the insurance will be in effect. However, if the injury has happened after the expiration of said policy, the situation would change dramatically and the doctor might be required to pay out of his pocket. However, one of the things that you should be informed is that the moment of importance is the moment of the injury and not the moment of the filing – the solution is perfectly reasonable as the alternative would leave the door open for abuse.
So, what happens if the injury has occurred after the expiration date of the original policy? That’s when the tail policy can kick in, provided the medical professional has subscribed for it.
What is a doctor’s tail insurance?
This is the insurance which is designated to cover situations of the kind. Of course, the premiums for it are higher and that’s why some doctors would opt out of it. But when the need presents itself, you can save up quite a lot of money as medical malpractice cases are certainly not cheap.
As you can see, even in a case of the kind you would have to deal with insurance companies. This might be a bit burdensome but at least it’s some kind of reassurance that you are up against an entity which has the financial means to pay a lot of money. That’s why cases of the kind are usually followed through in trial and not settled outside of the court. You are going to need a great personal injury lawyer, though as the cases go on trial and various aspects will be covered to prove medical malpractice. That is why as a victim, it is best to seek a successful injury lawyer that specializes in medical malpractice which includes negligence, misdiagnosis and more.
