The Role of Insurance in Medical Malpractice Claims

Scartelli Olszewski P.C.

Medical malpractice claims are often complex and lengthy. Most legal cases usually are, but when they involve a medical entity, they can become even more so because you’re dealing with a company that abides by federal, state, and industry-based legislature. Medicine is a necessity to live in many instances, but it’s also prone to mistakes that leave a heavy cost on patients if something goes wrong.

This can lead to complicated and confusing negotiations with insurance companies. Their legal team and your legal team have to take into account more than just state law, but mandates and rules that dominate medicine. This can end with one insurer attempting to undervalue, deny, or undermine another’s claim to protect their bottom line. It is important to understand the role of insurance in these types of cases in order to protect your rights and ensure you receive the compensation you deserve.

The medical malpractice attorneys at Scartelli Olszewski, P.C. can help.

The Role of Insurance in Medical Malpractice

What Does Your Insurance Do During a Medical Malpractice Case?

Filing a medical malpractice claim generally does not directly involve your health insurance provider. Medical malpractice is a legal issue between the patient, the healthcare provider, such as a doctor or hospital, and their malpractice insurance company.

You can request your medical records from them to use as evidence. For instance, the medical costs that were not covered by insurance that you had to pay out of pocket for would be something your insurance provider can help you with. Outside of providing you with records upon request, they won’t play a large role in your medical malpractice claim.

What Does the Hospital/Healthcare Provider’s Insurance Do During a Medical Malpractice Case?

In medical malpractice cases, the healthcare provider’s insurance plays a pivotal role. In many cases, their insurance provider is who will handle most of the ins and outs of any medical malpractice claim filed against their client. You see, medical providers have malpractice insurance specifically to defend against medical malpractice claims. Patients cannot get medical practice insurance to defend their claims.

Here’s exactly what a medical malpractice insurance provider will offer:

• Protection and Coverage: Malpractice insurance is a type of professional liability insurance that protects healthcare professionals against patient and client lawsuits related to their healthcare services. It covers a range of expenses associated with defending and settling malpractice suits.
• Legal Support: The duty of the insurance company extends to providing the insured healthcare provider with legal counsel and representation who will act in their best interest.
• Claims Handling: Claims-made insurance provides coverage only for incidents that occurred and were reported while the healthcare provider was insured with that carrier. For instance, if a hospital or healthcare provider switches insurance providers, any claims filed before the policy inception date will not be covered by the new provider.
• Compensation and Justice: If the medical malpractice insurance provider and their legal team fail to prove that your medical malpractice claim is unjustified, they will have to pay the cost of damages.
• Indemnification: Insurance companies play a central role in almost all medical malpractice lawsuits. Even private physicians obtain insurance coverage to be protected against the worst of outcomes in these lawsuits.
• Settlement Assistance: Malpractice insurance exists to help the physician respond to the client’s claims, including potentially helping them settle for the damage they caused.

It’s important to note that the exact role of insurance can vary based on the specific policy, state laws, local laws, and other factors. Our attorneys only provide legal representation within the state of Pennsylvania.

Contact Scartelli Olszewski, P.C. For Help With Your Medical Malpractice Case

It is important to remember that insurance companies are businesses and often prioritize their own interests over those of the injured parties. Don’t expect your insurance to help you more than it legally has to, and expect the medical provider’s insurance to do everything they can to help their client, or truly, themselves.

The best thing you can do to defend yourself against them is to get a qualified and skilled medical malpractice attorney who can handle these big insurance corporations. Medical malpractice cases are not futile endeavors. Many others have overcome insurance providers, and you can too.

The medical malpractice attorneys at Scartelli Olszewski, P.C. are the ones who can give you the chance you need. Contact us today.