You can sue a doctor without malpractice insurance, but their lack of coverage could make it more difficult to recover damages from a court award. Usually, medical malpractice insurance pays out the compensation in these cases.
It is often difficult to obtain a payout directly from a negligent party in this type of case. The doctor is unlikely to give up personal assets unless compelled to do so. However, you may have other options for financial recovery in these cases, such as identifying other negligent parties.
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Understanding How the Claims Process Works: Why Malpractice Insurance Matters
Each state has its process for medical malpractice claims, but most center around the same principles:
- Gathering evidence to support the allegation
- Notifying the accused parties of the claim
- Filing a claim with their medical malpractice insurer
- Negotiating with the insurer about an out-of-court settlement
- Taking the case to court if you cannot reach a fair settlement agreement
When there is no insurance coverage available because the doctor does not have malpractice insurance, several of these steps are not available. Instead, your attorney will look to convince the doctor to give up personal assets to compensate you for your child’s injuries and medical needs. In some cases, your child’s medical bills may exceed what the doctor owns in assets.
If the doctor had malpractice insurance, many of these hiccups and frustrations would not be a problem. Your lawyer would file your claim with the insurer and present evidence of the value of your case.
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Assigning Liability in an Umbilical Cord Birth Injury Case
You can sue a doctor without malpractice insurance, but it may make more sense to look for other liable parties. In addition to a doctor, other parties may have played a role in your child’s umbilical cord birth injuries. These third parties could include:
- Another healthcare professional involved in your child’s care.
- The medical practice where the doctor practices.
- The hospital where the delivery occurred.
Most medical facilities or groups will carry malpractice insurance, and you could hold them vicariously liable for the negligence of their employees. As the Legal Information Institute explains, vicarious liability also involves if you delivered your baby at a hospital that employs a doctor who was careless or reckless, then you could also hold the hospital accountable.
Even in cases when the doctor was the only party involved in the malpractice, it might be possible to hold the hospital or medical group responsible. If the hospital was aware of previous issues with the doctor yet hired or allowed them to continue to practice there, that could constitute negligence.
Work with an Attorney to Explore Your Legal Options
How you should move forward with a claim against a doctor without medical malpractice insurance will depend on the specific details of your child’s case. You should speak with a law firm that regularly represents birth injury victims in your state.
Our team can review your case for free and represent you on a contingency basis. You will not need to pay anything unless your lawyer recovers compensation for your family.
A medical malpractice attorney will determine your legal options and weigh them to determine which gives you the best chance at financial recovery. Your options for compensation in your case could include:
- Filing a claim against the hospital or medical practice’s malpractice policy.
- Holding the hospital or practice vicariously liable if an employee played a role.
- Suing the doctor and recovering from their assets.
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Damages Recoverable in an Umbilical Cord Birth Injury Claim
When you file a legal claim or civil suit based on your child’s birth injuries, you can pursue a range of related damages. These claims could include:
- Current and future medical treatment and care
- Ongoing and long-term care costs
- Related expenses and losses
- Pain and suffering
- Other emotional losses you and your child suffered
In addition, umbilical cord birth injuries support wrongful death malpractice cases when babies pass away as a result. According to the journal BMC Pregnancy and Childbirth, depending on the study, between 10 and 15 percent of all stillbirths occur because of umbilical cord accidents.
Speak with Our Team About Your Claim for Free Today
If your child received an umbilical cord birth injury diagnosis, you could get help today from the Birth Injury Lawyers Group. We will review your case for free and determine the best options for seeking compensation to provide for your child’s care should you sue a doctor without malpractice insurance.
Our initial consultations are always free for families of babies living with birth injuries or those who lost their child due to negligent care.
Call (800) 222-9529 now to speak with a team member about your child’s injuries.