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What Do You Understand About Insurance Liability for Medical Malpractice?



For most people the term insurance liability for medical malpractice does not really mean anything beyond gibberish -- there is very little comprehension on this subject because it is not a common one, and also because people are very less inclined to seek information on this subject unless they are actually through a medical malpractice case. There have been a number of medical liability reforms that aim to protect the victim and provide adequate compensation. Some of these are enumerated below:

Limits of Non-Economic Damages

Under this type of insurance liability for medical malpractice the claimant has a pre-determined limit for the non-economic damages which are usually quoted as pain, mental trauma, suffering, maiming, etc. This cap however, does not apply to the economic damages, i.e. loss of pay, cost of rehabilitation, cost of medical care, and so on.

Limits of Contingency Fees for the Attorney

This insurance liability for medical malpractice will protect the claimant from having to pay a too large fee to the attorney. The limits on the fees is dependent on the total sum awarded, and breaks down like this - 40 percent of the first $50,000; 33 percent of the next $50,000; 25 percent of the following $500,000; and finally, 15% of any amount recovered that exceeds $600,000.

Permission to Include Evidence of Collateral Source of Payment

Under this type of insurance liability for medical malpractice the defendant can bring in evidence of collateral source of payment so these can be taken into account when the final amount of damages in calculated. On the other hand, when this type of evidence is introduced by the defendant, the claimant will be permitted to produce the costs for the premium of the particular source.

Advance Notice of a Claim

This usually encourages the out-of-court settlements of a case, as under this reform, the claimant can give notice to the medical practitioner 90 days before filing a lawsuit, time in which both the parties can work out a mutually beneficial plan without going through the long-winding legal channels of the courts.

Alternative Dispute Resolutions

Finally, this is provision also encourages the solving of the case without bring it to the court of law. Here, instead of a jury, an arbitrator or mediator is used under the guidance of a trial judge. This is not really very beneficial, but it provides an alternative to the long drawn court battle that otherwise a malpractice case takes. All the above and many others are reforms introduced to promote justice and cut off the time that it takes to bring a malpractice case to an end.

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