The Role of Insurance in Medical Malpractice Cases

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Have you or a loved one been injured due to a medical professional’s negligence in North Texas? If so, you may be wondering how medical malpractice insurance plays a role in your case. Understanding the function of insurance in these situations is crucial when seeking compensation for your injuries. Here at the Law Office of David M. Kennedy, we specialize in personal injury cases, including medical malpractice, and are committed to protecting your rights.

This blog post will delve into the role of insurance in North Texas medical malpractice cases, covering key aspects such as:

  • What is Medical Malpractice Insurance?
  • How Does Medical Malpractice Insurance Work?
  • How Does Insurance Affect Your Medical Malpractice Case?
  • What to Do If You Believe You Have a Medical Malpractice Case

What is Medical Malpractice Insurance?

Medical malpractice insurance, also known as professional liability insurance, protects healthcare providers from financial liability arising from claims of negligence that lead to patient injury. This type of insurance covers a variety of healthcare professionals, including:

  • Doctors
  • Nurses
  • Surgeons
  • Nursing Homes / Assisted Living Facilities
  • Hospitals
  • Clinics

How Does Medical Malpractice Insurance Work?

When a patient files a medical malpractice lawsuit alleging negligence, the healthcare provider’s insurance company steps in to provide legal defense and potentially cover any awarded damages. The insurance company will typically assign an attorney to represent the healthcare provider throughout the lawsuit process.

It’s important to understand that insurance companies are in business to protect their bottom line. They will often fight medical malpractice claims aggressively to avoid payouts. This is why having experienced legal representation on your side is critical in navigating a medical malpractice case, and why you should never negotiate with their insurance carrier on your own.

How Does Insurance Affect Your Medical Malpractice Case?

The presence of medical malpractice insurance can impact your case in several ways:

  • Limits of Liability: Each medical malpractice insurance policy has a coverage limit, which is the maximum amount the insurance company will pay for a claim. If the damages awarded in your case exceed the policy limit, the healthcare provider may be personally responsible for the remaining amount. An experienced attorney will thoroughly investigate the insurance policy and its coverage limits.
  • Settlement Negotiations: Insurance companies are often more open to settlement discussions if they believe the case has merit and the potential damages may exceed the policy limits. Your attorney will negotiate with the insurance company to secure the maximum possible compensation for your injuries. DO NOT negotiate on your own.
  • Discovery Process: During the discovery phase of a lawsuit, your attorney will be able to obtain information about the healthcare provider’s insurance policy. This information can be crucial in building your case and understanding the insurance company’s tactics. It is only through discovery that the limits of the insurance policy must be disclosed.

What to Do If You Believe You Have a Medical Malpractice Case

If you suspect you have been injured due to medical negligence in North Texas, it is essential to take action as soon as possible. Here’s what you should do:

  • Seek Medical Attention: Your health and well-being are the top priority. Seek immediate medical attention for any injuries sustained. Ensure that you keep an accurate record of all healthcare providers you consult or from whom you seek treatment for your injuries. But, continue to aggressively get the treatments you need as that is the most important objective.
  • Gather Evidence:  Keeping an accurate list of healthcare providers will assist the attorney in gathering your records later. Healthcare providers are very suspicious of those seeking their records, so while you are being treated, do not gather the records as it may interfere with your treatment or cause providers to be hesitant to treat you, and we don’t want that.
  • Contact a Medical Malpractice Attorney: An experienced attorney can evaluate your case, determine if you have a valid medical malpractice claim, and advise you on the best course of action. The sooner you contact an attorney, the sooner they can begin building your case and protect your rights. Do not mention to any provider that you have contacted an attorney. Instead, focus on treating your condition and keep your attorney advised and in a behind-the-scene role as the attorney evaluates your claims.

The Law Office of David M. Kennedy: Protecting Your Rights in North Texas

At the Law Office of David M. Kennedy, we understand the complexities of medical malpractice cases in North Texas. Our experienced team will work tirelessly to investigate your claim, gather evidence, and negotiate with insurance companies to secure the compensation you deserve for your injuries. We offer a free consultation to discuss your case and determine the best path forward. Contact us today at  (903) 819-0720 or click here to schedule your consultation.

Additional Resources:

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific situation.

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David M. Kennedy

David M. Kennedy has over 30 years experience representing individuals and businesses in matters of civil litigation, especially personal injury and wrongful death. He is licensed in Texas, Oklahoma and Colorado.

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Contact Us

Call Us 903-819-0720

Law Office of David M. Kennedy, P.C.

320 N. Travis St., Suite 207
Sherman, TX 75090

Email: Click Here

Map and Directions

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