One Medical Malpractice Insurance Issue That Leaves You Vulnerable To Not Getting Paid
Winning a medical malpractice lawsuit is only the first step to getting compensated for your injuries. The next step is actually receiving the money you're due. In general, this is not something you have to worry about with medical professionals, because their insurance providers usually have enough cash and assets to pay court judgments. However, there's one thing that may prevent you from getting the payout you fought so hard for. Here's more information about this issue.
Medical Malpractice Insurance Exclusions
Almost every insurance product has exclusions—things or situations the company won't pay for—and medical malpractice insurance is no exception. The following items may not be covered depending on the insurer or policy:
- Illegal actions
- Sexual misconduct
- Exclusions listed in contracts (e.g. managed care agreements)
- Punitive damages
- Libel and slander claims
- False imprisonment claims
- Liability assumed under contracts
- Volunteer work
- Work outside of a certain geographical area
For example, if you were injured by a doctor who was doing volunteer work at a local clinic, his or her insurance company may not pay any court judgment awarded. You'd have to find alternative ways to get the money from the medical professional.
It's also important to note that if a doctor lies or omits information on his or her application for medical malpractice insurance, the company may cancel the individual's policy altogether. So even if your claim was covered, you still may not see any money from the insurance company in this situation.
Options for Recovering Compensation
If the insurance company won't pay your claim as you expected, there are a couple of solutions that may be available to you. One option is to go after another party who may have coverage and also bears some responsibility for the situation. For instance, a doctor who works for a hospital may also be covered under the facility's general liability policy. Usually, the facility would be included in the suit against the doctor in this type of situation. If it wasn't, then taking the hospital to court could help you get some money for your injuries.
The second option is to try to collect from the doctor personally. This may involve putting a lien on his or her business and personal assets or negotiating a payment plan with the individual. Be aware, though, that the doctor may not have enough money to pay the judgment. There is also a risk the person may declare bankruptcy, which can wipe out the debt altogether. Therefore, you'll need to proceed carefully to maximize the chances of successfully getting paid.
For more information, contact Davidson Law Center Inc or a similar firm.
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