The Role of Insurance Companies in Medical Malpractice Cases

If you or a loved one have decided to pursue a medical malpractice case, you might be surprised to learn that while you are bringing a legal complaint against the medical provider – doctor, nurse, hospital, urgent care facility, etc. – you and your legal team will also be dealing with the medical provider’s insurance company.

Let’s assume that you have a strong basis to bring a medical malpractice lawsuit. Perhaps you were a victim of a misdiagnosis or a failure to properly diagnose. Maybe you or a loved one suffered a birth injury. Or maybe you have injuries from being discharged from the emergency room prematurely. Whatever the situation, in order to prove medical malpractice in Florida, you must show each of the following legal elements:

• The medical provider had a duty of care to you.
• The medical provider breached that duty of care.
• The breach of that duty was the proximate cause of your injuries.
• Your injuries are compensable.

Recovering Damages

If you can prove those four elements, you may be entitled to receive compensation, most frequently defined as economic and/or non-economic damages.

Economic damages are verifiable monetary losses, such as past and future wages, and medical costs. Non-economic damages are those subjective, non-monetary losses like pain, suffering and emotional distress.

Role of a Medical Malpractice Insurance Company

While medical malpractice lawsuits will name the medical provider, the medical provider’s insurance carrier is responsible for paying damages and will pay a lawyer to handle the day-to-day legal issues on behalf of the medical provider.

As a first step, the insurance provider will launch their investigation. They will search for evidence that proves the medical provider was not negligent. Alternatively, the insurance company will try to determine if your injuries might have been caused by someone or something other than the malpractice that you claim.

You can expect that the insurance company will be in frequent contact with your attorney. They will request access to your medical records and proof of your injury. They will also look for evidence to contradict your claims, such as reviewing your public social media. For example, if you have been claiming that due to a surgical error you are no longer able to run and play with your children, a Facebook photo of you throwing a football to your son will be used as evidence to defeat your claim. The insurance company will also interview witnesses, which could include your employer, your family and others who are aware of the facts of your case.

Going to trial is very time-consuming and expensive for both sides. So, before the trial, you may receive a settlement offer from the insurance company. This compensation offer may not be enough to cover your damages, but often, people are enticed to accept the first offer. Your attorney may suggest that you wait to see if additional compensation amounts will be included in subsequent offers. That is why you will want to consult with your attorney before you agree to any type of settlement

Florida Statute of Limitations in Medical Malpractice Cases

If you believe that you have suffered from medical malpractice, you have two years from the date of your injury to bring a lawsuit in Florida. However, this period of time can be extended in unique situations where the injury or medical malpractice was not immediately apparent. In that type of case, the two-year period starts when the injury is discovered.

Contact Osborne, Francis & Pettis

There are a number of pre-lawsuit requirements that must be met under Florida law if you plan to file a medical malpractice lawsuit against a medical provider. Because the two-year statute of limitations includes meeting these complex and time-consuming requirements, it’s important not to delay. The Fort Lauderdale medical malpractice attorneys and Orlando medical malpractice lawyers at Osborne, Francis & Pettis have years of experience moving quickly through this process. Contact us today for a free consultation to explore your options.