Medical Malpractice Insurance in Atlanta

Dressie Law Firm: Your Ally in Navigating Georgia’s Medical Malpractice Insurance Landscape

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Victims’ Guide to Georgia Medical Malpractice Insurance

Medical malpractice occurs when a healthcare professional deviates from the established standard of care, causing harm and injury to the patient. Victims of medical malpractice often sustain physical, emotional, and financial damages, which is why they are entitled to compensation by the liable party.

Medical malpractice victims can file a claim with the liable party’s medical malpractice insurance carrier or pursue a lawsuit. Personal injury victims and defendants often prefer the former option, which is less costly and lengthy. However, both actions require a clear understanding of medical malpractice insurance, as any compensation you can recover is tied to the healthcare provider’s medical malpractice coverage.

If you seek personalized legal representation in your medical malpractice lawsuit or have questions, contact our Atlanta medical malpractice attorney at Dressie Law Firm. Our skilled attorneys have extensive experience handling medical malpractice cases and can help you navigate Georgia’s complex medical malpractice insurance market.

Read on to learn more about medical malpractice insurance in Atlanta and how it impacts victims’ rights.

    What Is Medical Malpractice Insurance?

     

    Medical malpractice insurance is a form of insurance designed to provide liability coverage for healthcare professionals, including doctors, nurses, and other medical practitioners, in case of medical negligence claims.

    Medical malpractice insurance primarily benefits victims by ensuring financial resources are available to compensate them for injuries caused by negligent healthcare practices. This coverage provides a source of funds to cover medical expenses, lost wages, and other damages incurred due to malpractice. Moreover, medical malpractice insurance protects healthcare facilities from costly lawsuits and helps maintain financial stability.

    Medical Malpractice Insurance Coverage in Georgia

     

    Georgia law requires all healthcare providers to have medical malpractice insurance coverage. This includes hospitals, doctors, nurses, and other medical practitioners who provide services in the state. Medical malpractice insurance carriers determine their premiums based on various factors, including the type of medical practice and location.

    However, it’s essential to note that not all healthcare facilities or physicians have the same coverage. Some may have higher limits than others due to the nature of their practice or previous malpractice claims history. Therefore, it’s crucial for victims to understand the details of a provider’s coverage when pursuing compensation for damages.

    What If the Healthcare Provider Is Uninsured?

    Georgia does not require medical professionals to carry medical malpractice insurance. So, although uncommon, Georgia physicians and other healthcare professionals can skip carrying malpractice insurance.

    Patients, however, have the right to inquire about a practitioner’s insurance coverage before undergoing treatment, as per OCGA § 43-34A-5.

    If a healthcare provider is uninsured in a medical malpractice lawsuit, it can complicate the victim’s recovery process. In such cases, the victim may face challenges in recovering damages directly from the provider.

    However, alternative avenues may be explored, such as pursuing the healthcare provider’s personal assets or involving other parties that could share liability, such as the facility where the malpractice occurred.

    To avoid compensation issues in medical malpractice cases, get only important and serious medical care from professionals who carry malpractice insurance.

    How to File a Medical Malpractice Insurance Claim?

    To file a medical malpractice insurance claim effectively, follow these steps:

    • Consult an attorney: Seek legal advice to understand your rights and assess the validity of your case. Choose an experienced attorney with a proven track record in medical malpractice.

    • Investigate and collect evidence: Gather medical records, bills, medical test results, and any relevant documents. Collect expert witness opinions supporting your claim, demonstrating the healthcare professional’s deviation from the standard of care.

    • File with the healthcare provider’s insurance company: File a claim with the malpractice insurance carrier of the healthcare professional or institution and include all collected evidence.

    • Negotiate: Your attorney will negotiate with the insurance company’s adjuster for a fair settlement. Be prepared to present evidence and arguments to support your compensation demands.

    • File a lawsuit: If negotiations fail, your attorney can initiate a lawsuit against the liable party.

    Most medical malpractice cases are settled with the liable party’s insurance provider. However, when the insurer is unwilling to make a fair offer or deny the victim’s claim, going to court becomes the only way to recover compensation.

    Recoverable Damages in a Medical Malpractice Claim

    In a medical malpractice claim, the victim may pursue various damages. These include:

    Economic Damages

    • Medical Expenses: Current and future medical costs directly related to the malpractice

    • Lost Wages: Compensation for income lost due to the malpractice, including both current and future lost earnings

    Non-Economic Damages

    • Pain and Suffering: Compensation for bodily and emotional pain caused by the victim’s injury

    • Emotional Distress: Additional compensation for the consequent psychological impact and trauma experienced by the victim

    • Loss of Consortium: Damages awarded for the adverse effects on the victim’s spousal relationship in cases of severe injury, disability, or death

    Punitive Damages (in some cases): Aimed at punishing the healthcare provider for gross negligence and serve as a deterrent for future similar misconduct

    Average Medical Malpractice Settlement

    Medical malpractice settlements can vary widely, but according to the Lawsuit Information Center data, the median settlement payout in such cases typically falls within the range of $250,000 to $285,000. For cases that proceed to trial and result in a favorable verdict for the plaintiff, the average jury award across the nation tends to surpass $1 million. However, these numbers do not guarantee what an individual victim can expect as each case is unique, and outcomes depend on various factors.

    Why You Need a Medical Malpractice Attorney

    Engaging a skilled medical malpractice attorney is instrumental in understanding and navigating the intricacies of medical malpractice insurance when pursuing claims against healthcare providers. Here’s why:

    • Legal experience: A medical malpractice attorney possesses the needed knowledge of the law to protect your rights and keep you informed of your options.

    • Case evaluation: Not any personal injury is considered medical malpractice. Your attorney will assess the viability of your claim by thoroughly reviewing medical records, evidence, and the circumstances surrounding the case. 

    • Negotiation skills: An experienced attorney is skilled at negotiating with medical malpractice insurance companies and is familiar with their tactics. They are more equipped to secure a fair settlement for you.

    • Legal representation: If a lawsuit becomes necessary, your medical malpractice attorney will guide you through the legal process, providing essential support and representation.

    • Maximizing compensation: Your legal counsel works tirelessly to maximize your compensation, considering medical expenses, lost wages, emotional distress, and other damages incurred.

    • Addressing challenges with uninsured healthcare providers: When dealing with uninsured healthcare providers, a skilled attorney strategizes to overcome challenges, exploring alternative avenues to secure compensation.

    Contact Dressie Law Firm Today

    Dressie Law Firm is the go-to personal injury law firm in Atlanta, Georgia. Our extensive experience handling medical malpractice cases positions us as a reliable ally for those unlawfully injured by negligent medical professionals.

    Our award-winning personal injury attorneys combine over 20 years of experience and consistently obtain favorable outcomes. Our dedicated and experienced team of 24 professionals has recovered $30 million for clients. Contact us today for a free consultation.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!