Medical Malpractice During Injury Treatment is Required to be Covered by the Liability Carrier

Does Your Doctor Have Sufficient Malpractice Coverage from a Reputable Carrier?

This may not be a question commonly asked when seeking treatment for a personal injury or one that took place at work. Still, it’s important to know what the answer is. If a medical professional treating you for an injury does not have appropriate medical malpractice coverage from a reputable carrier, you could find yourself dealing with some unexpected legal challenges or frustrating delays.

How Medical Malpractice Coverage Protects Injured Patients

While there are certainly many reputable doctors, therapists, and other medical professionals, missteps or oversights during treatment can happen. Should your injury become worse because of inappropriate treatments or a failure to take certain steps, you might be able to pursue a medical malpractice claim. Typically, such a claim may be valid under the following circumstances:

• A proper diagnosis of your injury wasn’t made
• Treatments recommended weren’t appropriate give the nature of your injury
• You weren’t told about potential risks associated with recommended treatments or surgical procedures

How It Protects Medical Professionals in Illinois

Medical malpractice insurance covers a broad range of expenses that could be related to a malpractice claim of this nature. If a medical professional or healthcare worker is found to be legally liable, the “carrier” – or the company providing insurance coverage – is typically required to cover expenses related to:

• Arbitration and settlement costs
• Punitive and compensatory damages
• Related medical damages for the patient with the injury
• Punitive and/or compensatory damages
• Legal fees

How Insufficient Coverage Can Affect Injured Patients

If the liability carrier does not provide the required coverage, you could be affected as well. For example, if you are receiving treatment for a personal or workplace injury and the treating medical professional overlooks something or recommends treatments that make your injury worse, you may run into obstacles when seeking appropriate compensation.

It can also be difficult to negotiate a fair settlement if a medical professional does not have the required coverage through their liability carrier. One step you can take to protect yourself when setting treatment for an injury is to ask if your treating physician or specialist has the required malpractice coverage through a reputable carrier.

There are two standard options with medical malpractice coverage:

• Claims-made policy: Coverage only applies if the policy was in effect when treatment took place and the lawsuit was filed.
• Occurrence policy: Covers claims that took place during the coverage period even if a claim is filed later after the policy has already lapsed.

How a Lawyer Can Help

Medical malpractice is a type of personal injury case that involves several important requirements that must be kept in mind. For this reason, it helps to have assistance from an experienced Illinois attorney. A lawyer can lend a hand with the gathering of required documentation and ensure important deadlines are kept in mind. Lastly, a lawyer can answer your questions and give you a better idea of the scope and limits of medical malpractice lawsuits and awards.