Patients seek medical doctors in order to get well. But sometimes, in some cases, things could get from bad to worse within a matter of minutes. To compensate for whatever stress patients had to go through, the law allows them to file a medical malpractice lawsuit.
What Is a Medical Malpractice Lawsuit?
Now, just because a doctor was not able to make a patient well does not mean the latter could already file a case. In fact, a medical malpractice lawsuit can only be filed if the medical professional committed a mistake and the patient was harmed. Most people think that only doctors can be a respondent in a medical malpractice lawsuit, but that is not the case. An erring nurse who made a mistake in blood transfusion can also be held liable.
Medical Malpractice Vs. Medical Negligence
Not all mistakes are considered under a medical malpractice lawsuit. This is because there is a different legal definition for medical malpractice and medical negligence. The basic difference between the two lies in the standard of care. If the mistake is well outside the standard of care provided by a certain state, the case might only amount to medical negligence and not medical malpractice.
The Need for Medical Malpractice Insurance
Because there is a high risk of human error when it comes to the practice of medical profession, doctors and other medical professionals are oftentimes required to have a medical malpractice insurance. Florida companies specializing in this type of product highly recommend it. This type of insurance provides a certain sense of protection for medical professionals when it comes to claims of medical negligence and malpractice. Just like with any insurance coverage, the policy has a specific amount for which it covers the professional. Certain exclusions are also indicated, including illegal conduct, misrepresentation of details on insurance applications, and sexual misconduct.
In most cases, the insurance could either provide occurrence coverage or claims made. Clients can move in either direction, although it is the former that tends to be more popular. This is because it is effective right after you have cancelled it. The latter, on the other hand, is only in effect so long as you continue your payment. While the decision is in your hands, it is recommended that you check first if the former is allowed in your state.