According to a personal injury lawyer Philadelphia trusts, there is no federal law that requires physicians to carry medical malpractice insurance. In fact, nearly 32 states do not require medical malpractice insurance nor do they have minimum carrying requirements. Other states either require a minimum level of insurance, or state that medical professionals must have some insurance to qualify for liability reforms in their state. A Philadelphia personal injury lawyer can help you understand what this means to you if you pursue a medical malpractice case against an uninsured physician.
“Going bare” is a term that refers to a medical provider who chooses to practice without professional liability or malpractice insurance. While tort reform in some states have made malpractice insurance more affordable, many physicians continue to forego malpractice insurance coverage. A personal injury lawyer Philadelphia depends upon cites cost as a driving factor in a doctor’s decision not to carry professional liability insurance. Despite tort reform and sweeping premium reductions, there are still doctors who believe that carrying malpractice insurance is not an affordable option.
A second reason that doctors choose to go bare is that they believe they will be less of a target for lawsuits. A Philadelphia personal injury lawyer explains that these physicians believe that lack of malpractice insurance will be a disincentive for attorneys to sue and that the case will be dropped due to lower potential for recovery.
New Jersey is one of the few states that require doctors to maintain a minimum level of malpractice insurance. According to 2021 New Jersey Revised Statutes 45:9- 912.17, a physician in the state of New Jersey who has responsibility for patient care is required to be covered by medical malpractice insurance for at least $1 million per occurrence and $3 million per policy year. The law includes requirements for “tail coverage” and options for a letter of credit if liability coverage is not available.
Physicians who violate this law may be subject to disciplinary action and civil penalties. A Philadelphia personal injury lawyer is familiar with this law and can provide legal advice in situations where a malpractice claim exists and malpractice insurance in not available.
In the 2002, the Medical Care Availability & Reduction of Error Act (MCARE) was passed. This law addressed medical errors and health care reforms, as well as the medical malpractice industry. The MCARE Act requires practicing doctors to carry malpractice insurance with liability limits of 1 million per claim and $3 million as an annual aggregate. According to a personal injury lawyer in Philadelphia, private malpractice insurance policies insure the first $500,000 of each claim, and the MCARE fund covers the excess losses of up to another $500,000.
When interviewing a physician or other care provider, ask if they carry the proper insurance prior to scheduling an appointment. Seek out medical professionals who carry an adequate level of malpractice or liability insurance. This insurance coverage protects both the physician and you in case that a medical error occurs.
If you have already suffered medical harm from a medical mistake and have discovered your doctor doesn’t have malpractice insurance, talk with a Philadelphia personal injury lawyer for advice.
The Philadelphia personal injury lawyers at the Wieand Law Firm have years of experience in medical malpractice. They offer a free consultation to discuss your case and provide you with the legal options available to you. Our contingency fee clients never pay a fee unless we earn money for you, so there is no risk in seeking the help of an attorney. Call 215-666-7777 today or send a message via the form on the website to speak directly to a lawyer who can help.
