- An event policy in effect on July 1, 2004 would cover the claim, regardless of when the actual claim was filed or the insurance company was notified.
- A casualty policy in effect on July 1, 2006 would cover the claim, provided the retroactive date is no later than July 1, 2004.
- A policy made for claims effective July 1, 2004, but terminated July 1, 2005 would deny the claim because the period of active coverage ended before the claim was reported to the insurance company. If the doctor did not purchase “tail” coverage to extend the provisions of his 2004 malpractice insurance, the doctor may be personally liable for the costs associated with this malpractice claim.
Types of medical malpractice insurance
Website design By BotEap.comOne of the first elements attorneys consider in a malpractice case is the type of insurance the accused medical professional has and the liability coverage limits of the specific policy. Different types of insurance and liability limits warrant different case strategies.
Website design By BotEap.comIf you are considering filing a medical malpractice claim, you may find it helpful to learn more about medical malpractice insurance and how it can affect your case. There are two main types of medical malpractice insurance coverage: claims made and incident coverage.
Website design By BotEap.comMedical malpractice coverage for claims
Website design By BotEap.comSimilar to home or auto insurance policies, claims insurance policies cover malpractices that occur during the policy period. However, unlike traditional home or auto insurance, for a claim to be covered, it must also be reported to the insurance company during the active policy period.
Website design By BotEap.comIf a claims malpractice policy is changed to a new insurer or is canceled for any reason without provisions to extend coverage beyond the coverage period, no benefits will be paid, even if the act of malpractice occurred while the policy was in effect. valid. Instead, a medical provider could be personally responsible for the costs associated with your claim, with no limit on liability.
Website design By BotEap.comYour attorney knows how to explore the insurance coverage of the accused medical provider in your claim to determine exactly how the coverage, or lack of coverage, may affect your case.
Website design By BotEap.comMedical malpractice policies
Website design By BotEap.comAn occurrence policy insures any incident that occurs while the policy is in force, regardless of when a claim is filed, even if the policy has been canceled since the act of malpractice occurred. Occurrence policies take current and future malpractice claims into account, although the liability limits are those in effect when the incident occurred.
Website design By BotEap.comUnder an occurrence insurance policy, your medical malpractice attorney knows in advance of the lawsuit what the limits of liability will be in your case and plans your case strategy accordingly.
Website design By BotEap.comHow does malpractice coverage work?
Website design By BotEap.comImagine that an incident of negligence occurred on July 1, 2004. The treating physician realized there might be a potential claim on July 1, 2005 and notified the insurance company at that time. On July 1, 2006, a medical malpractice lawsuit was filed.