If you have suffered an injury by the carelessness of a medical professional, you may be entitled to financial compensation. Both the individual doctor and their employer can be liable to pay you damages. The value of your case can exceed the amount of money and assets that the doctor or medical provider has.
To protect themselves, they will purchase medical malpractice coverage. The medical malpractice insurance company will play a large role in your case when you are suing the doctor, since they have a duty to defend their policyholder. You will likely find that it is the insurance company who is calling the shots in your case. Contact an experienced medical malpractice attorney in McLean, VA, to fight for the compensation you deserve.
Prudent Doctors Will Buy Medical Malpractice Insurance Coverage
Medical professionals will usually make the decision to purchase insurance coverage for malpractice and negligence. Medical malpractice insurance is not always required under the law of each state, but it is certainly a good idea for a doctor and their employer to purchase it.
If the medical professional or hospital does not have medical malpractice insurance, their personal assets will be on the line. If an uninsured defendant loses a court case, they will need to pay you out of their own pocket. Depending on the size of the verdict, a medical practice may even need to shut down entirely.
The medical professional will purchase a certain amount of coverage to protect them from liability. They will make the decision about how much coverage to purchase, knowing that they can be facing large potential liability for their own negligence. The insurance premium will vary based on both the type of medicine that the doctor practices and their own personal record.
The Insurance Company Would Cover Damages in a Settlement or Jury Award
Medical malpractice insurance will pay for the damages the professional causes to a patient when the doctor or professional was negligent. The insurance company will need to pay for damages up to the amount of the policy limit, regardless of whether they choose to settle the case before trial or they lose in front of a jury.
The insurance company may perform the following tasks when you are suing their policyholder in a lawsuit:
- They may perform an initial evaluation of the claim to determine whether they believe that it has merit
- They may formulate legal defenses on behalf of the medical professional to use if the case goes to trial
- They can try to negotiate a settlement with you at any point in the legal process
The Insurance Company Must Defend the Doctor
When the medical professional has insurance coverage, the company that provides the policy will be heavily involved in your case. Any insurance company has the duty to defend their policyholder when there is a lawsuit filed. The insurance company will need to provide the attorney who will defend against your case in court. They may also call the shots in the lawsuit, including making the decision whether and when to settle your case. You will be dealing with the insurance company more than you may be dealing with the actual defendant in the lawsuit process.
The insurance company will hire a defense lawyer who will likely have a considerable amount of experience in cases like yours. These attorneys will vigorously defend their own client, right up until the point of trial or when they decide to settle the case. It will be the insurance company’s lawyer who will question you at a deposition. They will also be the one who questions you in cross-examination if you testify at trial.
The Insurance Company Must Handle Your Case Carefully
The insurance company cannot simply do whatever they want when they are defending against your medical malpractice lawsuit. They owe certain obligations to their own client. If the insurance company plays hardball, and they take it too far, they can even be liable to their own policyholder in a bad faith lawsuit. If the medical professional ends up having to pay a judgment when the insurance company could have settled the case, they may even be able to sue the carrier in a bad faith lawsuit. Thus, while the insurance company may try to fight your case hard, they also must be pragmatic. They can have the motivation to settle your case before it reaches a trial because they may be facing their own liability.
Why You Need a Medical Malpractice Lawyer
You need an experienced medical malpractice attorney for your case because you will have to fight the insurance company to get the compensation that you deserve. They will not make it easy for you, and medical malpractice cases are very hard-fought battles. The insurance company likely knows that you may be owed a considerable amount of money if you can prove your case, and they may do everything in their power to protect themselves to the fullest extent possible, no matter what their client may think.
When you hire a medical malpractice lawyer, they will perform many roles in your case. Specifically, they may do the following:
- Help you obtain all of the medical records that you will need for your case
- Hire expert witnesses to both guide the lawyer in your case and provide testimony that can show how the doctor failed to live up to their standard of care
- Quantify the value of the harm that you have suffered, so you know how much to seek in a lawsuit
- Draft a lawsuit complaint to file on your behalf in court, setting forth the grounds for your case and the money you are seeking
- Building your case through the discovery process, including speaking to the doctor and other witnesses during a deposition
- Negotiate a settlement with the insurance company or litigate your case in court
A Medical Malpractice Attorney Can Help
It is always best to hire a medical malpractice attorney to pursue the full amount of money that you deserve. Call today for your free consultation with an experienced personal injury lawyer in your area.