Your Insurance Company Protects You From Malpractice Claims — But Who Protects You From Your Insurance Company?
When a medical malpractice claim is made against you, your insurance company controls the defense of your claim. The insurance company appoints the counsel to represent you, it can impose restrictions on how the claim is defended, and it has a financial interest in the claim that can be different from yours.
Because of this and other factors, the attorney appointed by the insurance company can be placed in a potentially compromising position. As a result, so can you.
"Personal Counsel" refers to a lawyer hired by you to monitor your medical malpractice claim and represent YOUR – and ONLY YOUR – interests. Your personal counsel will assist you in understanding and negotiating the sometimes harrowing claims process.
If a Medical Malpractice Claim is Made, your Personal Counsel:
- Assists you in reporting the claim.
- Notifies the insurer and other parties that he or she represents Your interests.
- Monitors the claim and provide You with periodic evaluations of the claim.
- Attends your pre-suit statement or deposition as Your attorney.
- Advises You whether to agree to making or accepting a settlement.
- Protects You from excess exposure arising from the insurer's bad faith.
- Advises and protects You on coverage issues.
Personal Counsel Coverage is also provided for Medicare, AHCA or
Pre-Claim coverage includes policy review services and assistance in
Plan attorneys provide discounts for any professional legal services not
covered by the policy or in excess of policy limits.