Archive for the ‘Legal Malpractice Insurance’ Category

Medical Malpractice Insurance



Medical malpractice insurance is a big part of health care, and since most of us are not doctors, many of us don’t think much about it. Doctors of course do. The high cost of medical malpractice insurance has forced many doctors to stop practicing all together. One Brooklyn obstetrician was forced into retirement because her malpractice insurance bill was $160,000 per year. She had never been sued or even had as much as a settlement against her.

What exactly has made medical malpractice insurance go up so much? Did you know that 10 cents of every dollar a doctor makes goes to paying for malpractice insurance?

Malpractice insurance costs doctors tens of thousands of dollars per year. This is the cost of doing business for a doctor even if he or she has never made a mistake or been sued. Some high costs states have premiums upwards of $200,000 per year and in other states it costs around $20,000. The reason for this is that in many states juries have awarded wronged patients excessively generous rewards knowing that the insurance companies can pay. The cost of these lawsuits is then passed onto the physician. One study has shown that the cost of malpractice litigation is 30 billion dollars per year and has risen 10% annually

All these factors cause doctors to take various steps that directly affect the cost of health care. Since a physician can get sued at any moment, they order excessive tests to cover themselves, and avoid some fields of medicine altogether. This of course drives up the cost of health care. Medical specialties with the highest premiums include obstetrics and anesthesiology. Many doctors avoid these entirely, and who can blame them?

What should a doctor who simply wants to practice medicine and help his or her patients do? With many insurance providers dropping the medical practice insurance coverage, how many choices does a physician have?

There are many things to consider when purchasing a medical malpractice insurance policy. Find out about the financial stability of your provider. Are they financially secure, or will they declare bankruptcy and leave you holding the bag? Check out the contractual limitations within the policy. In other words, read the fine print or better yet, have your lawyer do it. How long has the company been in business? What is their level of experience in handling malpractice claims? Make sure you are covered for additional liabilities such as things that happen on your property and in your facility.

When obtaining medical malpractice insurance, do your research. It is also a good idea to consult an attorney who has experience in malpractice suits and with insurance policies. For more information and links to the companies mentioned above, please visit Medical Malpractice Insurance.

Medical Malpractice – Does it Really Affect Healthcare Costs?



As the healthcare debate intensifies, many in Congress are calling for a tightening of medical malpractice awards. There is currently no national restrictions to how much can be awarded by juries in cases of medical malpractice, which occasionally results in awards of $10 million or above. Some lawmakers argue that these awards result in higher costs for malpractice insurance, which further drive up the costs of healthcare. They propose putting a $250,000 cap on jury awards in such cases, as a way of keeping payouts manageable. Opponents, however, say that this will not affect healthcare costs at large and would instead punish those who are already injured.

The Cost of Jury Awards

While seeing large awards granted to the victims of malpractice may seem alarming, the amount awarded by juries is actually a small drop in the very large bucket of overall healthcare costs. Doctors’ groups often fight for limits on malpractice, but studies have shown that the cost of malpractice insurance is actually not entirely tied to malpractice verdicts, and that the verdicts aren’t responsible for the rise in malpractice insurance premiums.

Doctors almost always have malpractice insurance which specifically covers the costs of malpractice suits. They pay monthly premiums for this insurance, the same way you pay monthly premiums for automobile insurance. In recent years, these premiums have been on the steady rise, and many have been quick to attribute this rise in costs to high jury verdicts in malpractice suits.

According to a 2005 article in the Boston Globe, the rising malpractice premiums are due to a lack of investment returns, rather than the cost of the lawsuits themselves. Malpractice insurance companies also make money by investing in the stock market, and when their stock portfolios aren’t making money, they have to look to other revenue streams to compensate.

Taken as a whole, malpractice awards have been rising in accordance with the overall costs of healthcare. The difficulty with putting a cap on malpractice awards is that “pain and suffering” is difficult to quantify. While it’s easy to come up with a price tag for the medical costs, it’s difficult to ascribe a dollar-and-cents compensation for someone who has lost an arm or will never be able to walk again. Many healthcare specialists argue that putting a cap on awards will actually hurt the people most injured by shoddy healthcare.

If you have any questions about healthcare litigation, visit the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C.

The Definition of Medical Malpractice



Medical malpractice has become a greater concern for doctors over the years. The age of lawsuits means that people are quick to sue for any wrongs they feel have been committed against them. While most doctors do everything they can to avoid being sued for malpractice, sometimes there is just nothing they can do. Even when they do everything right, something can still go wrong – and the doctor often takes the blame for these problems, whether they were responsible or not. Unfortunately, it is very simple for someone to bring a lawsuit against another person today, but on the bright side there is a complex process which rules out most frivolous suits.

The definition of medical malpractice is the deviation by a medical professional from the standards of the medical industry, thus causing injury or death to a patient. True medical malpractice is rare, but lawsuits for medical malpractice are not very rare. Successful malpractice suits must follow the definition of medical malpractice in that they prove that the doctor, through action or inaction, caused wrongful injury to a patient. Typically, this means that a practitioner grossly violated the standards set by the medical industry.

Because of the presence of medical malpractice lawsuits, medical professionals are required to maintain personal liability insurance to protect them and offset the costs of malpractice suits. However, in keeping with the definition of medical malpractice, the lawsuit must prove that the medical professional violated medical standards. This requires an expert to prove that there was a violation of standards. With medicine becoming more and more advanced, there are more things that can go wrong. This means that malpractice suits can take advantage of the legal aspects of medicine not being caught up with the practice.

As new medical practices continue to push the envelope, people will seek reasons to sue when things go wrong, but the definition of medical malpractice protects doctors from many lawsuits filed by people who are just looking to put the blame somewhere. Fortunately for doctors who are concerned about wrongful lawsuits, there has been a recent push to reform many of the torts which govern the medical industry. They are intended to eliminate lawsuits filed by people who, for whatever reason, feel they were wronged by their doctors.

There have been numerous high profile lawsuits against doctors who were said to have violated the definition of medical malpractice, but the fact is that these expensive lawsuits negatively impact the ability of the medical industry to offer quality care when they are brought about by people who are simply seeking money. With the new reforms that are being put into place, it is likely that frivolous lawsuits will begin to decline. As it is, they are on the rise and have been for quite some time. If something is not done to stop wrongful medical malpractice suits, the medical industry will continue to be inhibited in its ability to provide quality care at reasonable cost.

Malpractice Protection



As professional malpractice becomes more visible year after year, professionals seem to be more concerned and worried that they may be sued next. Unfortunately, many notions regarding protection of personal assets from lawsuits, although popular, remain surprisingly untrue, ineffective, and outdated.

These “myths” give professionals an unstable sense of security and more often than not, they expose themselves to more serious harm.

MYTH #1: Owning assets under your spouse’s name will protect you.

Legal statutes declare that transfer of properties between family members should be done legally, with attorneys carefully scrutinizing such acts. The Uniform Fraudulent Conveyances/Transfer Acts state instances in which transferring of assets into your spouse’s name can actually be the basis for fraud.

MYTH #2: Assets can be easily transferred to another’s name if a lawsuit occurs.

This is called fraud, similar to the discussion above. Even if there are lawsuits such as misdiagnoses or medical injury, courts may still find the transfer of properties to another person as an attempt to deceive creditors before a lawsuit is actually filed.

MYTH #3: The law will protect my assets.

Actually, it depends on which state you live in. Only the states of Florida, Texas, Oklahoma, Iowa, Kansas, and South Dakota protect their residents’ assets from being seized in lawsuits.

MYTH #4: Political reforms can solve the problem.

Tort and other insurance reforms do play an important role in resolving the problems on malpractice. However, political reforms are often too slow in producing the same tangible results.

MYTH #5: They can never seize a physician’s personal assets.

The National Medical Foundation for Asset Protection conducted a recent survey and found out that almost 20 percent of the nation’s physicians had lost personal assets in lawsuits, so yes, they can be seized.

MYTH #6: More malpractice insurance means less exposure to lawsuits.

While more liability insurance makes it harder to exceed payout caps, larger policies actually make malpractice lawsuits more likely to happen in the first place.

MYTH #7: Total asset protection is impossible.

It is definitely possible to secure all your assets with just the right combination of legal and financial planning.

An Overview of Doctors Insurance Company Coverage



Doctors and other medical professionals are increasingly being sued for malpractice issues. Doctors simply cannot afford the financial risk of a disgruntled patient suing for errors or perceived error in treatment. A doctors insurance company will specialize not only in medical malpractice insurance coverage, they champion reform in the legal field, oppose easy settlements just to get rid of the case and begin defense of doctors immediately upon coverage.

Medical malpractice insurance does more than just pay out the dollar amounts in a settlement or court award. There are costs incurred in preparing for defense. There are attorney fees and court costs as well as lost income and reputation damage. The proper policy helps to provide coverage to minimize the financial impact. This can be particularly important for a solo physician or small group.

Liability coverage for malpractice can extend beyond the time of active practice by a physician. The company recognizes that lawsuits and complaints can occur up to several years after the physician has retired. Provision is made for extended coverage with minimal requirements. Another benefit to physicians is the ability to receive a lump sum amount upon retirement.

As laws and regulations change, needs for protection increase as well. For example, online security is another at-risk area for physicians and other health care professionals. Liability insurance to protect again accidental disclosure of sensitive patient information is a must in medical practices and health care facilities today. A doctors insurance company provides for this need and all others related to medical and health care issues.

Doctors will always benefit from an insurance company that is a provider for the full range of health-related insurance needs. As a doctor, you will want to find a company that has been doing their job professionally for more than a score of years. While some types of insurance needed by doctors is unique to the profession, others are more general in nature, but just as necessary for safe and financially secure operation of a business.

Health Care Attorney – How To Find Legal Help With Your Healthcare



No matter how much we find ways for it not to happen; our family or at least one of them, including ourselves, can no not just stay away from getting sick any moment.As human beings, though how much we try to stay healthy, we are still very susceptible to the threats of serious ailments and other chronic disease as well to damaging accidents. To make things worst, availing the appropriate treatment and the needed medical attention is not an easy task and usually becomes a struggle especially for someone who does not have any health insurance or not covered by any health program. That is why it has become practical for many people to at least get the services of a provider despite their expensive cost.

Many people find it advantageous to have a medicare provider in case of emergency. As long as a person is ensured by a certain program; that person is guaranteed to have the proper treatment and the necessary medical attention he or she deserves. It is no secret why the industry is one of the most money-spinning markets of today.The quantity of money involved and that can be earned from people who are searching for a  insurance is enormous, considering the verity that getting a  insurance now has become more of a luxury rather than a right.

With the great amount of money involved in this industry, there is no wonder why there are now a lot of  providers with each offering a different program, coverage and of course, payment scheme. The great profusion of  providers has made it more complicated for ordinary citizens to make a decision regarding on the provider they want to go with. Given that there are many providers; it is has become a harder challenge to spot or draw the distinction between a good one and a fraudulent one. Since subscribing into a healthcare program is an expensive thing; we must be more knowledgeable on the ways on how to find the best provider that can provide us with the kind of health care we desire. Furthermore, a lot of providers are known for their notoriety at getting a piece of uninsured people’s hard earned money. They are continually making false advertisements and issuing false statements just to attract a good number of people to avail of their services. These health care insurance companies make it more complicated for their clients to process their claims by making the procedure difficult for ordinary people to comprehend.Moreover, if it happens that a client of them is successful in processing his claim, these insurance providers try to pay as less amount as possible.

In searching for the best healthcare provider it would be better if we go out trying to look for help. When it comes to making deals with these healthcare providers, it is entirely helpful if we will hire the services of a health care attorney.A health care attorney can provide us with a lot of help in finding a good health insurance company and in dealing with all the legal matters involved in availing a health insurance. With the aid of these attorneys, we can get the needed guidance in choosing the right insurance company that can provide us with the best  coverage.

Health care attorneys have the expertise in the health care law. They are experts in handling cases involving the provision of services and other related benefits.They can guarantee us with the legal help in dealing with health insurance companies if ever we get into trouble in making our claims.

In finding the perfect  provider it would not hurt or it would be probably better if we go out searching for help. With the help of a health care attorney, we can be provided with the proper guidance in picking the right insurance companies that can provide us with the best  coverage. These attorneys are experts in health care law. They can easily handle cases involving the provision of services and other related benefits.