Nobody likes to go to the doctor’s office. And nobody likes to get surgery and deal with the physical therapy that follows. However, at some point, we’ll all have to deal with our medical issues. The least we can hope for is that our doctor will do what they’re supposed to do during our treatment. Unfortunately, this isn’t always the case.
If you’re injured during surgery or some other type of medical treatment, you may have a legal claim for damages. It depends on what your injury is and how it happened. Some cases are clear-cut. For example, if your surgeon operates on the wrong body part, clearly, he will be found liable for your damages. Or, if a doctor is impaired at the time of your surgery and makes a serious error, you’ll have a good chance at recovering damages.
The difference between these two examples is that, in the first example, medical malpractice insurance will likely cover your damages. In the second case, they probably won’t. It all depends on the type of insurance your doctor has. it also depends on what facts your Florida medical malpractice lawyer can prove. Here, we’ll talk about the two main types of medical malpractice insurance. We’ll also discuss what sorts of mistakes are covered by insurance and which are not. If you or your loved one have been the victim of medical malpractice, make sure to call our office right away. Let one of our seasoned professionals review your case and let you know if you have a claim for damages.
There are Two Main Types of Medical Malpractice Insurance
Doctors and surgeons can choose from two main types of malpractice insurance. It’s important that your Lakeland injury attorney knows which type your doctor has. This will determine whether your claim will be approved or even considered. The first type of insurance is called a claims-made policy. This sort of claim will only cover claims that are filed while the policy is still active. So, if your claim happened a year ago and the doctor no longer carries that insurance policy, your claim will be denied. The other type of insurance is called occurrence policy. Under this type of policy, any claim that arose while the coverage was active will be considered for payment. Hopefully, your medical professional has the occurrence policy type. This will be open to a broader range of claims that the claims-made type.
Certain Types of Behaviors and Errors are Not Covered by Malpractice Insurance in Florida
Even if your doctor’s malpractice policy would normally cover your injuries, there are certain types of behaviors that are excluded from coverage. While these may sound like extreme types of behavior, especially for a doctor, you’d be surprised how often they happen. You need to remember that doctors and surgeons are human beings like everyone else. They make mistakes and they’re not perfect.
Some of the injuries and actions not protected by medical malpractice insurance include:
- Any criminal acts – So, if your doctor is under the influence of an illegal drug at the time of surgery, their insurance won’t cover your damages.
- Sexual Misconduct – If you’re suing your doctor for sexual harassment or any sort of sexual misconduct, it won’t be covered by their malpractice insurance policy. You’ll need to pursue the doctor personally for these damages. You may also need to pursue their medical group or the hospital they work for.
- Altering or Destroying Medical Records – If a doctor or any medical professional inappropriately alters a patient’s medical records, it will not be covered by malpractice insurance.
Call Our Office in Lakeland Right Away and Schedule Your Free Consultation
If you or a family member are injured due to medical malpractice, call our office right away. We can schedule your free initial consultation as soon as possible. This way, you can sit down with a compassionate attorney in Lakeland who has handled cases like yours before. They know what questions to ask. And, more importantly, they can answer any questions you may have.
The doctor who is responsible for your injuries needs to be held responsible. If that means their insurance will cover your claim – great. if not, your Lakeland personal injury lawyer will file suit on your behalf. Either way, they’ll fight to get you the compensation you deserve. The initial consultation is free and you don’t pay a dime until you settle your case.