Insurance or Assurance? The Dual Edges of Medical Malpractice Coverage From the Victims’ Perspective

Anyone who’s been the victim of medical negligence knows that the damages it can cause go well beyond skin deep. While the victim may have to endure a drastically lengthened recovery time or, unfortunately, have to cope with a life-altering disability, this pain can carry over to their dependents and loved ones. Filing a medical malpractice lawsuit may provide victims adequate compensation, but are those negligent held accountable?

Going up against a healthcare professional’s team of seasoned insurance company lawyers alone would be foolish. You’ll need your own league of experienced legal representatives to fight for accountability and compensation. To get the good guys on your side, check out

Medical Malpractice: Is Justice Really Served?

For the victims of a medical mistake, their only true avenue to compensation and justice is to file a personal injury lawsuit. While a case may bring them the money they deserve to fully cover their damages due to a healthcare worker’s negligence, is justice served? Surgeons, doctors, and even healthcare facilities purchase medical malpractice insurance policies to shield them from the financial liabilities that a medical mishap can cause. However, are the guilty parties held responsible?

Part of the problem when seeking justice for a medical error is that the victim has the burden of proving the following:

  1. That a doctor/patient relationship did exist
  2. That there was a legal obligation to provide a medical standard of care
  3. That the standard of care was breached
  4. That the breach was the primary cause of injury
  5. The injury caused the patient damages

The other issue when seeking justice for a medical mishap that has caused damages is that it’s not the defendant who is hurt. Although their medical malpractice insurance premiums are expensive, most won’t lose a dime when their insurance company settles a lawsuit out of court, or damages are demanded to be paid by a judge and a jury.

What Happens After a Doctor Is Found Guilty of Medical Malpractice

If a doctor has harmed you and it’s caused life-changing conditions and damages, you’ll probably want them punished for their misdeeds. One may believe that if they’re found guilty of causing harm, they’ll lose their ability to treat patients again. Unfortunately, this isn’t true. Most out-of-court settlement agreements have a clause stating that the matter has been settled with no further punishment to the defendant.

However, the guilty party may face the following consequences:

  • Loss of patients – If word spreads of the defendant’s medical malpractice lawsuit, they could lose patients. This isn’t always the case since many lawsuits never reach the public’s eye.
  • An increase in malpractice insurance premiums – After a malpractice settlement has been reached, the defendant’s insurance premiums will surely increase. While settlement compensation is paid for by the defendant’s insurance company, increasing their insurance premiums is undoubtedly painful.
  • Listed in the National Practitioner Data Bank – All adverse actions taken against doctors and surgeons are listed in the National Practitioner Data Bank (NPDB). This prevents negligent doctors with multiple medical malpractice lawsuits from moving to a different state to avoid being known for their mistakes.

In reality, most doctors and healthcare workers who’ve lost a medical malpractice lawsuit will continue in their present occupation with little more punishment than a listing in the NPDB and an increase in their malpractice insurance premiums. However, this isn’t a reason not to pursue your claims if you believe you’ve been harmed by medical negligence. If their medical negligence continues, eventually, they’ll face losing their medical license. Your case could be the beginning of saving others from your misfortune.

The Dual Edges of Medical Malpractice Insurance From a Victim’s Perspective: Final Thoughts

The victims of medical malpractice have the right to file a personal injury lawsuit to seek justice and compensation after their healthcare professional breached the expected standard of care that everyone deserves. This will require working with an experienced medical malpractice attorney, and a lawsuit of this nature should only be attempted with professional legal guidance.

Unfortunately, even a successful lawsuit won’t ensure the guilty party loses their ability to continue in their chosen profession. This doesn’t mean that victims of medical negligence shouldn’t seek justice. Their lawsuit could help to prevent the defendant from harming another patient.

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