The only birth injury cases a personal injury lawyer will probably accept are those that have a strong likelihood of success, and all successful birth injury cases must have four elements. One of those elements is coverage. At least one question a Maryland personal injury lawyer will ask himself related to “coverage” is whether the plaintiff will be able to collect a good-sized judgment (money damages awarded to the plaintiff) if the plaintiff prevails at trial?
This question is significant, because if a plaintiff wins against a defendant who is bankrupt and who does not have medical malpractice insurance, then there will be no financial recovery.
Does this mean the victory would be meaningless? No, not exactly. Some legal victories can be cathartic or liberating for the plaintiff and the plaintiff’s family. However, it does mean that the case, which would have required a lot of money, time, and effort, will result in financial losses for the personal injury attorney, the plaintiff’s attorney.
Thus, it’s important that a Maryland personal injury attorney determine whether or not the defendant or defendants have adequate insurance.
Typically, doctors purchase medical malpractice insurance from big insurance companies, and then those insurance companies handle the medical malpractice cases as they arise. When there is a settlement of a case or a damages award that must be paid, it is generally the insurance company that pays.
However, Maryland does not require that all doctors have medical malpractice insurance. Unsurprisingly, some doctors make the choice to go without insurance. Further, even doctors who are not uninsured may be underinsured. In the cases where the doctor has no insurance coverage or insufficient insurance coverage, the personal assets of the doctor may come into play. It is in these cases that the doctor might, theoretically, have to pay the damages award or settlement out of her pocket. However, in practice, it is typically difficult to collect from the doctor when the award must be paid out of her pocket. Why? Doctors are adept at shielding their wealth, making it hard for victims of medical malpractice, including those who have suffered birth injuries, to receive the compensation they deserve.
Ultimately, without a satisfactory answer to the coverage question, a victim of medical malpractice who has suffered a birth injury may find it difficult to find a personal injury attorney who will accept the case.
It is unfortunate how many children and mothers are injured at birth due to negligent medical care. If you or your child suffered a birth injury due to negligent medical care, you may have questions about legal options. If you have not yet started a lawsuit and are contemplating bringing one, I encourage you to contact me today. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at email@example.com.