Medical professionals such as doctors, pharmacists, nurses, physical therapists and optometrists provide care that is vital to the health and wellbeing of their patients. Despite the essential care they provide patients, doctors are always at risk of a lawsuit that could severely damage or potentially end their practice. The reality is that all professionals can make mistakes during their careers, but unlike most workers, a medical professional’s mistakes can have life-threatening consequences for their patients.
Every time a doctor treats a patient, they run the risk of a lawsuit. Carrying large liability insurance policies protects themselves (and their practice) if they are ever sued for medical malpractice.
Professional liability insurance (otherwise known as malpractice insurance) is just one type of insurance doctors and medical professionals need in order to provide treatment. It can protect a doctor from losing their practice as well as personal assets in the event of a malpractice claim. Other professionals in high-risk fields also carry malpractice insurance – including attorneys.
In this day and age, people can be quick to file a lawsuit if they believe they have been wronged or neglected — especially by a medical provider they trusted. It would only take one malpractice lawsuit to bankrupt a doctor without liability insurance – even if they weren’t at fault for the patient’s outcome.
How Does Professional Liability Insurance Protect Doctors?
Most professional liability insurance policies can provide a broad array of coverage that protects doctors and physicians from common third-party risks, including:
- Bodily injury liability covers third-party injuries that may occur on the property (i.e., slips and falls)
- Property damage covers repairs for damages to a patient’s personal belongings or property while receiving medical care
- Accidental medical cost covers payment for purely accidental third-party injuries regardless of the cause
- Legal assistance covers any fees and expenses if a patient sues for damages, even if the lawsuit is eventually dropped
Legal assistance is hugely important for medical professionals, regardless of whether a claim has merit or not. If doctors had to defend themselves out of pocket, a single medical malpractice lawsuit or wrongful death claim, even an obvious nuisance-level claim, might end their career.
More than half of doctors who responded to a recent Medscape survey said they had been named in a malpractice claim. Unsurprisingly, the vast majority (89 percent) believed the lawsuits they were targeted with were unwarranted.
Without liability insurance, those doctors would be forced to pay for defense out of their own pockets.
Do Employers Provide Their Physicians with Liability Coverage?
If a doctor works under an employer, such as a hospital or large medical office, chances are they have some liability insurance coverage through their employer. While employer-provided coverage is certainly a benefit for physicians and nurses, it may not be enough to protect them from a medical malpractice lawsuit.
Most liability insurance provided by an employer is insufficient in the event of a lawsuit — meaning the doctor may have to pay legal fees out of their own pocket if they are relying solely on employer-provided liability coverage.
In most instances, liability insurance provided through an employer is referred to as “claims-made” coverage. This means that a doctor is only covered if a patient makes a claim while they are still working for the same employer. If a claim is made after a physician changes employers or retires (which isn’t uncommon with medical malpractice injuries), they are no longer covered under their previous employer’s liability insurance and may be on the hook for any legal obligations that ensue.
This is why medical practitioners often choose to maintain their own professional liability coverage. It allows them the freedom to seek other career opportunities without fear of losing coverage.
What Should You Do if You Believe You Are a Victim of Medical Malpractice?
Medical malpractice is more common than you may think. Patients who think they are suffering from injuries due to a doctor’s negligence should consider contacting a medical malpractice attorney about their experience.
If you believe you have a medical malpractice case, be sure to follow the necessary steps to best support your claim.
- Ask your primary care doctor for a referral and switch providers
- Request a copy of your medical records
- Keep up with medical treatment and follow your provider’s instructions
- Document the incident and keep records of your injuries and any follow-up care
- Enlist help from an experienced medical malpractice attorney within two years of the incident or discovery of the injury (per Texas’ statues of limitations) – the sooner you act the better your claim’s chances
Seek Legal Help from a Medical Malpractice Attorney in Houston
Medical malpractice is just one complex branch of personal injury law. These cases can be uniquely difficult to pursue in terms of proving negligence and accurately estimating future medical and long-term care expenses.
Medical malpractice liability limits tend to be high, which means doctors are entitled to well-funded, thorough and aggressive insurance company defense if they’re targeted by malpractice claims. This is why an experienced medical malpractice attorney’s assistance can be invaluable.
Medical practitioners must be held liable for third-party injuries (and even deaths) that could have easily been avoided had they met the standard of care.
At the Weycer Law Firm, we’re committed to taking care of Houston patients, including helping them receive the compensation they deserve after a serious medical error. Call us at (713) 668-4545 for your free case evaluation.
