Suing A Doctor That Does Not Have Medical Malpractice Insurance

Posted on: 9 January 2015

When you get a medical procedure completed by a doctor, you expect him or her to be competent. In other words, you expect everything to go well, but this is not always the case. If you ended up with an injury from a standard medical procedure, you have the right to sue the doctor for this. One problem that may arise from this though is finding out your doctor doesn't carry medical malpractice insurance.

Are Doctors Required To Have Medical Malpractice Insurance?

Medical malpractice insurance is something that protects doctors from accidents, mistakes, and negligence during medical procedures. If a doctor is sued for medical malpractice and loses the case, his or her insurance will pay the settlement amount.

Most states do require doctors to have this, but there are a few states where this is optional. Florida is the main state that doesn't require doctors to have this type of insurance, but there are laws doctors must follow in order to avoid getting coverage.

Can You Sue If They Don't?

If a doctor does something wrong during a medical procedure and you are left injured, you have the right to sue whether the doctor has medical malpractice insurance or not. Doctors are required to complete the proper education and have the correct licenses in order to practice.

Even when doctors do these things, mistakes can still happen, but these mistakes are not the fault of the patients. The doctors that handle the procedures are fully responsible for the actions they complete. If something goes wrong, you have rights.

Are There Ways To Collect Money If There Is No Insurance?

One of the hardest parts of a medical malpractice lawsuit is proving that the doctor is at fault. Doing this will require help from a medical malpractice lawyer, and you will need to produce enough evidence to convince the court that the doctor was negligent.

If you can convince the court of this, you will have a good chance of winning the case, but this doesn't necessarily mean you will collect the money you are owed. If the doctor did not have medical malpractice insurance, it may be hard to collect the settlement amount. The court may order the doctor to sell assets to pay you, but you may still end up collecting less than the total amount of the award.

Suing a doctor for medical malpractice requires expert knowledge, and that is why you will need a lawyer during this time. Your medical malpractice lawyer will help prove your case, and he or she will help find a way to collect the money if the doctor did not have insurance coverage.