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California Business Journal

Understanding Medical Malpractice Insurance: What It Covers and Why You Need It

by Karen Janowitz, California Business Journal
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Medical malpractice insurance refers to insurance that covers medical practitioners against any claims of medical malpractice brought forth by patients. It is a must-have in the healthcare industry, covering everything from the lawsuit to settlement. In addition, most states require healthcare providers to carry it by law.

Medical malpractice insurance covers healthcare professionals and organizations against negligence or medical malpractice claims. Medical malpractice insurance policies are based on different criteria depending upon the healthcare profession the insurer is in. Hence, you should carefully review the terms and conditions before picking up one.

Medical malpractice insurance typically covers:

  • Legal fees and expenses: Medical malpractice lawsuits can be costly, and insurance covers the costs of legal representation, settlements, and judgments.
  • Damages: Medical malpractice insurance pays for damages awarded to the plaintiff in a lawsuit. This includes all types of settlement bills like costs for wages, pain and trauma, and all the damages if you are found to be liable.
  • Investigation expenses: This insurance also makes it a point to cover all the costs when a medical professional is under investigation for medical malpractice.
  • Expert witness fees: In many cases, medical malpractice lawsuits require the testimony of expert witnesses. Medical malpractice insurance can cover the expenses of these witnesses.
  • Regulatory investigations: Regulatory bodies, such as medical boards or licensing agencies, may investigate healthcare providers. Medical malpractice insurance can cover the costs of these investigations.

Why Do Healthcare Providers Need Medical Malpractice Insurance?

Medical malpractice insurance is a liability insurance in professional terms. It needs to provide all the upfront costs. Healthcare providers are dealing with people’s health and well-being, and their mistakes can have serious consequences. Hence they are vulnerable to lawsuits.

A single lawsuit can be financially devastating for a healthcare provider. Even though you as a practitioner are proven to be non-guilty, fighting the case itself can be financially tasking. Hence, medical professionals are advised to have medical malpractice insurance.

Medical malpractice insurance is often required by law. For example, most state laws require healthcare providers to be insured under medical malpractice insurance. Medical malpractice insurance in Australia stipulates something other than the United States. Sometimes law even stipulates a minimum coverage amount.

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Healthcare providers may still need it to protect themselves against lawsuits, even in states where medical malpractice insurance is not required by law. In addition, many hospitals and organizations have it as a compulsory clause for recruiting healthcare providers to carry medical malpractice insurance.

Medical Malpractice Insurance for Different Healthcare Providers

Medical malpractice insurance is not the same for all healthcare practitioners. It depends on various factors, for example, the type of services, the risk- factor, the profile of the practitioner, etc.

  • Physicians: Physicians typically require the most coverage, as they are the most likely to be sued for medical malpractice. This coverage amount will depend on the physician’s specialty, the number of patients they see, and their risk profile.
  • Dentists: Medical malpractice lawsuits are also pressed upon dentists, particularly in cases where a patient suffers an injury during a dental procedure. Hence dental malpractice insurance protects against these types of lawsuits in risk cases.
  • Nurses: The risk of being sued for medical malpractice, particularly when administering medication or providing other treatments, is also legitimate for nurses. Nurses may be covered under their employer’s medical malpractice insurance policy but may also need their policy if they work independently.
  • Chiropractors: If a patient suffers an injury during chiropractic treatment, the Chiropractors may be sued for medical malpractice. So Chiropractors are also advised to carry medical malpractice insurance to protect themselves against these types of lawsuits.

Medical malpractice insurance protects against lawsuits that can arise from the delivery of healthcare services and can be financially devastating for healthcare providers. And since it varies from profession to profession and person to person, based on specialty, you should go through the guidelines carefully before deciding upon one.

Not having medical malpractice insurance can be a costly mistake for healthcare providers. A single lawsuit can result in financial ruin for a healthcare provider, and reputation damage can be equally devastating. It also brings a lot of stress to the practitioner’s plate and can take a heavy toll on their mental and physical health. In this condition, a financial base to depend upon can be a great relief, decreasing the trauma associated with all the legal proceedings and their social consequences.

Conclusion

Medical malpractice insurance refers to insurance that covers medical practitioners, except for doctors, against any claims of medical malpractice brought forth by patients. It ensures the professionals are covered and have peace of mind and financial protection. Thus the health care providers can continue to focus on serving their patients. Remember, though, that various professionals need different types of insurance, so thoroughly review the terms and conditions and pick the one that fits you best.

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Karen Janowitz, California Business Journal

Karen Janowitz, California Business Journal

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