Insurance available in medical malpractice deaths
If your loved one has been killed as a result of a medical malpractice, where does the money the estate recovers come from? Does it come out of the doctor or nurses pocket? Here are the two types of insurance that are usually available:
- Insurance or Assets of the Medical Facility. In medical malpractice cases, you do not have to be concerned with the amount of insurance available. Hospitals have sufficient insurance and assets to compensate for these horrific accidents.
- Insurance of Health Care Providers. All medical doctors, nurses and other healthcare personnel carry personal liability insurance. It is important to make sure all potential negligent parties are notified.
Available insurance benefits
You will also need to report the claim to the at-fault insurance company (or at-fault party if there is no insurance). As I said before, you should only give basic and limited information to the adjuster when the claim is initially reported. Wait until you get over the shock of losing a loved one and have sufficient time to get all of the facts together. You will be able to make sure that there are no contradictions. There are several issues that you must explore with the insurance adjuster for the at-fault party. There are insurance policies that you should inquire about to the insurance company. These include:
- Personal Insurance Coverage. You should ask for all policies that covered the at-fault party so you can determine if stacking is available. Do not trust the opinion or the statement of the insurance adjuster. Get the policies and make your own determination. You could also have an experienced attorney review the policies.
- Umbrella Policies. These are insurance policies that apply when additional coverage is needed to cover the value of the loss. They are basically excess policies.
- Business Insurance Policies. These are insurance policies that cover the actions of the business entity and its employees.
- Personal and Business Assets of the At-Fault Party. You need to look at the personal and business assets to pay the value of the claim when there is no insurance available, there is not sufficient insurance available to cover the loss or the at-fault party is self-insured.