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What Role Do Insurance Companies Play In A Medical Malpractice Case?


Many people may be surprised to find that when they file a lawsuit against a medical professional, the insurance company will be the one who will most likely be dealing with the claim, rather than the medical professional that caused the injury to the patient. The medical professionals have very little involvement in medical malpractice cases.

The insurance company of the medical professional will be the one in charge of hiring a lawyer to defend the medical professional that is being accused. If the plaintiff wins the case, it would be the medical professional’s insurance company that will have to pay the full amount of compensation. In other words, the lawsuit is more about the insurance company than it is for the medical professional.

The defendant will only participate in interrogations, depositions, and the discovery process. Other than that, the insurance company is the soldier in the front line. Fighting against insurance companies is not easy because they do not want to pay the maximum compensation that is owed to the plaintiff, instead they try to pay the least amount as possible. The legal malpractice attorney orlando know how to fight against these insurance companies and know how to deviate away from their tactics.

What Settlement Options and Policy limits Are Present?

Every plaintiff in a medical malpractice lawsuit should understand that the medical professional is not the one who will be paying for the damages. The one paying for the damages will be the medical professional’s insurance company. Because of this, it is essential to learn what options are available and what policy limits are present that can potentially affect the outcome of the plaintiff’s case.

Let’s say that the policy limit of the defendant is $2 million but the plaintiff’s attorney believes that the jury can be awarded all the way up to $3 million for the medical malpractice. The insurance company of the physician knows that the plaintiff might end up winning the case and receiving the $3 million. If the plaintiff’s attorney offers a $2 million dollar settlement, would the insurance company accept?

The insurance companies are the one’s who either accept or reject a settlement offer. The doctor has no saying in the decision of the case. In the case mentioned above, the insurance company will probably reject the offer because it does not benefit them. The insurance company would still have to pay the $2 million which is the medical professional’s policy limit. If the plaintiff is awarded $3 million, the medical professional would have to pay the remainder $1 million out-of-pocket. When a medical professional has to pay out-of-pocket, it might take a longer time for the plaintiff to receive their money.

Attorneys in Orlando That Deal With Medical Malpractice Insurance Companies

Victims of medical malpractice should not have to worry about anything further. They are already dealing with enough after being injured. The lawyers at Percy Martinez Law Firm Orlando are the one’s who handle and fight against the insurance companies. Their clients do not have to concern themselves with anything that is unnecessary.

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