You can sue a doctor who does not have malpractice insurance because you still have the right to seek financial compensation for a medical error that harmed you. When you have suffered serious injury or illness because of your physician’s medical mistake, there are multiple ways you can get justice in a medical malpractice case, and an attorney can help you.
Many medical malpractice victims will be able to pursue malpractice insurance claims. But you may also be able to sue a doctor even if they are not covered by malpractice insurance.
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Requirements for Malpractice Insurance
Florida requires physicians to carry minimum insurance coverage, per Florida Statutes § 627.4148. However, these amounts can be increased if the physician in question has hospital staff privileges at a particular hospital. In addition, Florida Statutes § 458.320(1)(b) states that physicians must have a minimum of $100,000 in malpractice coverage per claim.
However, the laws surrounding malpractice insurance can also be complex. For example, in some cases, physicians may not be required to cover the cost of these malpractice insurance policies. Instead, they may be able to use what’s known as secured assets to prove they can cover the costs on their own without having to purchase malpractice insurance.
How to Recover Compensation When Your Doctor doesn’t Have Malpractice Insurance
Medical malpractice victims can file a claim to recover compensation. But if a physician does not have malpractice insurance, you may be concerned with how you will hold them accountable.
In situations like these, you will need to file a lawsuit against your doctor to prove they are liable for your injuries. Some of the medical errors common in Florida malpractice cases:
- Prescribing the wrong medication or prescribing medication without conducting a patient history
- Prescribing or administering the wrong dose of medication
- Failure to record a patient’s complete medical history
- Failure to provide the proper follow-up care
- Failure to treat
- Delayed diagnosis
- Failure to diagnose
- Surgical errors
These are only a few of the more common kinds of medical malpractice. Even though your physician is not covered through malpractice insurance, you still have the right to seek compensation when their negligence or misconduct causes your injuries. Fortunately, your attorney will be prepared to fight for your recovery.
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When Are Hospitals Liable for Medical Malpractice?
Your physician may not have their personal malpractice insurance policy, but if they have hospital privileges, the hospital they work with likely is covered by hospital malpractice insurance.
Under Florida Statutes § 766.110, the law requires hospitals to carry malpractice insurance. This allows them to protect themselves if their healthcare providers or administrative staff make medical mistakes or otherwise cause patients harm.
You might also have a medical malpractice claim against the hospital if:
- You developed medical complications due to poor hospital care.
- The hospital’s staff gave you the wrong doses of medication or the wrong medication.
- Your doctor performed incorrect or unnecessary surgery at the hospital where they have privileges.
In addition to the malpractice claim that you may have against your physician, you may also have the right to pursue compensation through the hospital’s malpractice insurance carrier. You can learn more about your options for filing a malpractice insurance claim when you reach out to an attorney.
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Damages to Recover in a Medical Malpractice Case
In your malpractice insurance claims against your physician, the hospital, and other liable parties, you have the right to seek compensation for every single way your injuries have affected your daily life.
Some of the more common economic and non-economic damages you could be awarded in your case include:
- Hospital bills
- Costs of prescription medication
- Other medical expenses and equipment
- Physical pain and suffering
- Emotional distress
- Lost income
- Reduced earning capacity
- Reduced quality of life
- Loss of potential future earnings
- Unexpected childcare expenses
- Household maintenance costs
- Household modification costs
- Disfigurement and scarring
- Temporary or permanent disability
Many medical malpractice victims also wonder whether they could be awarded punitive damages. Punitive damages are awarded beyond your economic and non-economic damages. They are the court’s way of punishing the defendant for egregious or gross negligence, but they are rarely awarded.
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Whether your physician is covered by malpractice insurance, or they were uninsured at the time of their medical error, you still have the right to seek financial compensation and hold them accountable.
You can learn more about how a Florida medical malpractice lawyer from the Law Offices of Anidjar & Levine can help you recover damages from the liable party and make them pay for their negligence. Call us today at 1-800-747-3733 for a no-cost, risk-free consultation.