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What does medical malpractice insurance cover?

February 12, 2017

Medical malpractice insurance (also called medical professional liability insurance) is a special kind of professional liability insurance for medical providers. Physicians and other medical professionals use for protection against malpractice lawsuits.

The lawyers at Indianapolis law firm Wilson Kehoe Winingham have years of experience in medical malpractice and are here to discuss some expectations when faced with settlement negotiations.

What Does Medical Malpractice Insurance Cover?

Medical malpractice insurance protects medical professionals from liability in claims of medical negligence that result in injuries and costs. If a healthcare provider makes a mistake that causes bodily injury, property damage, or other injuries like mental anguish, the liability insurance provider covers the costs.

In addition, malpractice insurance also covers the costs of defending malpractice lawsuits, including legal fees, expert witness fees, clerical expenses, and other related expenses.

Are There Acts that Aren’t Covered by Medical Malpractice Insurance?

Not everything that a doctor does is covered under medical malpractice insurance. If the doctor is accused of criminal behavior or another illegal act, damages aren’t covered. Sexual misconduct and employee disputes are also not covered.

Are There Different Kinds of Medical Malpractice Insurance?

Because of the nature of medicine, doctors can have many different insurance policies that work in different ways. Group coverage, for instance, is through the care facility and covers all employees.

Doctors are more likely to be independent contractors than employees, but even if they are, they could still carry personal coverage.

Some carriers prefer to settle a suit rather than go to court. Others will have consent-to-settle clauses that prevent settlements without consent.

A number of medical professionals choose to use occurrence-made insurance policies. These policies are relatively cheap and provide coverage for conduct that took place within the policy term–regardless of when the claim was made. The less common alternative is claims-made. Claims-made protects the healthcare provider only during the time when the policy was held.

What are Indiana’s Medical Malpractice Damage Caps?

The most that you can recover in medical malpractice damages in the state of Indiana is $1,250,000. However, this money doesn’t all come from the same place. Assuming that a victim is suing for that amount, the medical provider would provide the first $250,000. The Indiana Patient Compensation Fund would provide the rest of the money up to $1,000,000.

Where Can I Get the Rest of my Questions Answered?

Navigating the world of medical malpractice lawsuits can be overwhelming because of the number of hoops that plaintiffs have to jump through. With the right team of medical malpractice attorneys and nurse consultants, you don’t have to go through this alone. For a free, no-obligation consultation with the Indianapolis attorneys at WKW, call 317.920.6400 or fill out this contact form.

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