Medical malpractice is a complex legal matter. Most people associate it with suing a healthcare provider or medical facility; however, an injured party can sue an insurance company if the provider is not covered for medical malpractice under certain circumstances.
At the core of those lawsuits are an insurance company’s decisions; they may form the basis for legal action if they deprived the doctor of coverage for claims or put their interests above the provider’s. In those cases, a patient or patient’s family may be able to sue an insurance company and/or insurance broker in connection with a medical malpractice incident.
Medical malpractice is a specific type of personal injury claim brought by a patient when a healthcare provider’s actions, or their failure to act, deviate from (fall below) the accepted medical standards during patient care and directly cause harm to the patient. In a medical malpractice claim, negligence must be proven.
Medical practitioners and facilities carry medical malpractice insurance, a specialized type of personal injury insurance coverage that protects them against financial losses from claims of negligence. Brokers and insurers have an obligation to make certain coverage is continuous and deal in good faith to resolve claims against their insured.
Insurance companies may be liable for medical errors if they:
If these actions result in avoidable harm, you may hold the insurer liable for medical errors due to negligence or bad faith insurance practices.
As with any personal injury case, a lawsuit against an insurance company may provide compensation for:
The exact damages and associated compensation will depend on the specifics of your case and the insurer’s role in the harm.
It is important that you consult a personal injury attorney that is well-versed in specific state law concerning the ability to sue a health plan for damages, and the legal avenues available to injured partes. The malpractice attorneys at Britcher, Leone & Sergio have years of experience in a broad range of personal injury lawsuits and will guide you through the process.
Contact us to determine if you have grounds to sue the insurance company for medical malpractice.
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