Medical errors part 3: The legal expenses insurance policy
You were the victim of a medical error? Or you have been accused of medical malpractice as a health care provider? Of course, we understand your concerns.
In three articles, we would like to give you the most important things about liability in medical malpractice. Part 1 focused on the basic legal principles in medical malpractice. The second article discussed evidence in a medical malpractice case. This final article focuses on legal expenses insurance.
We are of course also available for an initial free legal consultation. To do so, contact us via our website, by phone at: 03/369.28.00 or by email: info@bannister.be.
With this third article, we would like to provide a brief overview of (the importance and usefulness of) legal expenses insurance. It considers the questions: What is legal expenses insurance? Which insurance policies include legal expenses as an additional safeguard? What can legal expenses insurance do for me?
1. What is legal expenses insurance?
Legal expenses insurance provides assistance with legal problems including a claim due to a medical error. Legal expenses insurance will ensure that your rights are safeguarded. Either through its own intervention or through the appointment of a lawyer.
The legal expenses insurance will assist you from the beginning with a legal problem. This means that it will help to follow up the course of the case.
If you have been involved in a claim, including medical malpractice, and you have legal expenses insurance at that time, it will intervene in the fees of the medical advisor. As mentioned in our previous article, the medical advisor plays an important role in the determination of the medical malpractice as well as the determination of the damages so that the compensation can be calculated.
Moreover, legal aid will also intervene in the fees of a lawyer of your choice. It should be noted that legal aid will initially choose to handle the case itself. Should this fail, the intervention of a lawyer will be covered.
Does it still come to legal proceedings? Your legal expenses insurance will also bear the legal costs including the fees of a court expert.
2. Legal expenses insurance: separately or in addition to another insurance policy
Legal expenses insurance can be purchased separately or as additional coverage under another insurance policy. Discussed below are the insurance policies that are useful in cases of medical errors.
a. Family insurance
Most families have family insurance, also known as a family policy. Often such insurance policies also include a legal assistance policy. This is not always the case, so it is important to check your insurance contract or ask your broker.
Family insurance often only covers extra-contractual disputes. Claims arising from aesthetic surgery are also occasionally excluded from coverage. Some policies exclude medical claims entirely. When taking out insurance, it is therefore useful to check which exclusions are included.
b. General legal expenses policy
Another option is separate legal expenses insurance.
This insurance will not be linked to any other insurance, but stands on its own. If you have it, there will usually be wider coverage.
c. Professional liability insurance
As a healthcare provider (doctor, beautician, physiotherapist, etc.), you often have professional liability insurance. For doctors, among others, this is even mandatory insurance.
Professional liability insurance also often includes an additional legal aid policy. This will assist the health care provider accused of wrongdoing. Again, there will be intervention for the fees of a hearing officer, counsel and any court costs including a court expert.
Are you unsure if you are entitled to the intervention of your legal aid? Feel free to contact us and we will review this with you.
3. Reporting to legal aid
You were the victim of a medical error or suspect a medical error has occurred? Or you are accused of having committed medical malpractice as a health care provider?
It is important that you report the claim to your insurance (broker) as soon as possible. This is one of your obligations as a policyholder. There is usually a deadline included in your insurance contract.
It is best to contact your broker to find out which documents you all need to provide. It is appropriate to include with your declaration an account of the circumstances of the claim and the documents in your possession.
As you can see, it can be interesting to take out a legal aid policy. If you become involved in a claim, it will take over the financial, as well as administrative, burden for you and will ensure that your rights are safeguarded.
Were you the victim of a medical error, but you do not have legal expenses insurance. It may still be useful to contact a lawyer. You can always request a first (free) consultation with one of our lawyers specialized in medical law. It is recommended that you already have an initial medical certificate. We will review with you what options there are in your case and make an initial assessment.
Were you yourself the victim of medical malpractice and need the assistance of a specialized attorney? Or have you been accused of medical malpractice as a health care provider? Contact one of our medical law specialists for an initial free legal consultation.
