You trusted your doctor’s recommendation for a procedure, believing it was the right step toward healing. But instead of providing relief, the treatment caused a serious, life-changing injury. The professional you depended on to help you get better has instead caused significant harm, turning your life upside down. You are now facing an uncertain future, struggling to understand what went wrong and how to move forward. At Dempsey Kingsland & Osteen, P.C., we understand the confusion and fear that can come when a medical procedure fails. We serve as dedicated advocates for our clients, providing the guidance and support needed to navigate these complex cases and fight for the justice you deserve.
Who Is Financially Responsible in a Malpractice Case?
After an injury caused by a medical error, one of the most urgent questions is: Who pays in medical malpractice claims? The answer is not always straightforward, as multiple parties could be liable, and compensation typically comes from the at-fault party’s professional liability insurance. Identifying every potentially liable party and all applicable insurance policies is a crucial first step in pursuing the compensation you need to recover.
Does the Doctor or Hospital Pay for Malpractice?
Determining who is liable for malpractice depends entirely on the specific facts of the case. Our investigation focuses on identifying every party whose negligence contributed to the harm, which may include:
- Individual practitioners. A doctor, surgeon, anesthesiologist, or nurse can be personally liable if their direct actions or failure to act falls below the accepted standard of care.
- Hospitals or medical facilities. A hospital can be held responsible for its own negligence, such as inadequate staff training, unsanitary conditions, or faulty equipment. A hospital can also be held vicariously liable for the negligence of its employees, including nurses and technicians.
- Medical groups or clinics. If the negligent provider is part of a larger practice or clinic, you may also hold the business entity itself liable for the actions of its partners and associates.
Uncovering the connections between providers and facilities is essential for identifying all sources of recovery. We thoroughly examine employment contracts, hospital policies, and other evidence to determine who is financially responsible in a malpractice case.
What Is Medical Malpractice Insurance Coverage?
Medical malpractice insurance coverage is a specialized type of professional liability insurance that healthcare providers use to protect themselves against negligence claims. When a harmed patient sues, this insurance is the primary source for covering a settlement or judgment. These policies offer various types of coverage and have different payout limits.
Insurance requirements for medical providers vary by state. While Kansas law has specific requirements for healthcare providers regarding liability insurance, Missouri does not mandate it for all physicians, though most hospitals do. Missouri law does place limits, or caps, on the amount of noneconomic damages that you can recover in a malpractice case. We meticulously analyze these policies to understand the available coverage and build a strategy to maximize our client’s recovery within those limits.
Are There Other Sources of Compensation for Medical Malpractice?
If damages exceed the provider’s insurance limits, seeking compensation from the provider’s personal assets may be possible, though this is less common. In cases involving large institutions, such as hospitals, the facility’s own assets and separate insurance policies may be used to satisfy a judgment.
In some states, patient compensation funds are available to provide additional recovery options for individuals with catastrophic injuries. For example, Kansas maintains a Health Care Stabilization Fund, and Missouri offers the Tort Victims’ Compensation Fund. Our attorneys thoroughly explore every possible avenue to ensure that our clients can obtain the full amount of compensation to which they are entitled.
Why Choose Dempsey Kingsland & Osteen, P.C.?
For over 40 years, the attorneys at Dempsey Kingsland & Osteen, P.C. have been strong advocates for victims of medical negligence and catastrophic injuries. Our partners’ membership in the exclusive, invitation-only American Board of Trial Lawyers and their recognition in Super Lawyers, a peer-reviewed and research-driven publication limited to the top 5% of attorneys, highlights the respect we have earned from our colleagues. This recognition is built on our firm’s outstanding local reputation for focusing solely on the most serious cases and achieving significant results that help clients rebuild their lives.
We focus solely on the most serious cases and achieve significant results that help clients rebuild their lives. We are not a high-volume practice; we are a team of highly skilled litigators who give personalized attention to each client. Insurance companies know that we thoroughly investigate every case, supported by our full-time medical experts, including doctors and nurses on staff. This meticulous, team-oriented approach has led other attorneys to refer their most complex cases to us, confident in our proven ability to secure successful outcomes.
Let Us Be Your Voice
If you or a loved one has suffered a serious injury due to a medical error, you need the right advocate on your side. We have the experience, resources, and dedication to help you determine who pays in your medical malpractice claim. Contact us today at (816) 421-6868 for a complimentary consultation to discuss your case and explore how we can assist you.
FAQs
How Are Attorney Fees Paid in a Medical Malpractice Case?
We handle medical malpractice cases on a contingency fee basis, meaning you pay no upfront costs for our legal services. Our fee is a percentage of the financial compensation we successfully recover for you. If we do not win your case, you owe us nothing for our attorneys’ time and effort.
Will I Have to Pay Back My Health Insurance from a Settlement?
Often, yes. If your health insurance, including Medicare or Medicaid, paid for medical treatments related to your malpractice injury, they may have a legal right to reimbursement from your settlement or verdict. Part of our role is to negotiate with these insurance carriers to reduce the amount of the lien, maximizing the amount of compensation you ultimately keep.
Resources
Tort Victims Compensation Fund, Missouri Department of Labor, link.
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