As a physician, having an insurance plan is important to aid yourself when you are faced with a medical malpractice lawsuit. If you did not purchase the “tail” of your Claims Made Medical Malpractice Insurance Policy, you may find yourself paying large sums of money for legal defense in order to protect yourself from claims of medical malpractice. In addition, if you lose your case, you may find yourself in a position where you are liable to pay the damages from your own income without insurance aid.
When a doctor is uninsured due to retirement, they can send the lawsuit papers to their former insurance carrier. Their former carrier may still provide defense even if the physician did not opt to purchase the tail of the insurance plan. The company may even try to settle the case on your behalf to avoid litigation. Sometimes you may be legally responsible to repay the insurance company. To do so, you should seek legal counsel to understand the process and what you owe.
How do insured cases proceed?
Once doctors are faced with a medical malpractice lawsuit, they mostly send the papers to the malpractice insurance company. When the company receives the paperwork, they can then assign an attorney to that case. The attorney works to protect the doctor from the lawsuit. The insurance company pays the bills for this representation. However, in cases where the physician is uninsured, the situation is different.
Why would a doctor not be insured?
When doctors retire, they have the option to purchase the tail of an insurance plan. If they do not wish to do so, they are no longer insured by that insurance company. This means that if they face a lawsuit while in retirement they may be liable for the costs. This can be a heavy financial burden on the individual. In order to learn more about your options, it is best to seek legal aid to provide you with alternatives. Doctors may realize that their workload leading up to retirement is dwindling, causing them to opt out of their post-retirement insurance plan. However, this may be an issue later on if a lawsuit arises.
When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.
