Juries see a medical malpractice or a dental malpractice lawsuit not as a contest between the doctor and his injured patient, to be divided on strict principles of right and wrong, like a criminal trial. Jurors are concerned with finding ways and funds to compensate the victims of malpractice.
Of course, the concern of jurors will not do any good, if it does not result in adequate compensation for your injuries and losses. Luckily, there is the equivalent of a billion dollar malpractice trust fund that has been established for your protection and compensation.
Judgment Proof Doctors
Doctors carry malpractice insurance for their own protection. In the 1970’s the cost of malpractice insurance rose dramatically. The reaction of many doctors was to reduce their insurance premiums by carrying less insurance or going bareback, meaning they had no malpractice insurance at all. That created the risk that a successful lawsuit against them could result in a levy against their personal wealth. So, doctors set up legal dodges, such as putting all their assets in the names of their wives or children, or setting up corporations or trust funds, which were protected from malpractice judgments. A court award or judgment is just a piece of paper if you cannot enforce it, and many victims of malpractice found that they could not obtain justice through the courts.
Plaintiffs discovered that the doctors who injured them had no insurance and were Judgment Proof, meaning plaintiffs could not enforce court judgments when they won. Plaintiffs then began suing the hospitals, where the malpractice occurred, under the legal theory known as Joint and Several Liability. Hospital insurance premiums soared. Since many hospitals are financed largely by public funds, the states and municipalities found themselves having to spend large sums to care for severely-injured malpractice victims of judgment-proof doctors and for hospital insurance.
Mandatory Malpractice Insurance
As a result, today all hospitals and health plans require doctors to carry adequate malpractice insurance, in order to have a staff appointment and treat patients in the institution. Many states have also started to institute mandatory malpractice insurance requirements to obtain licensure.
The requirement for mandatory malpractice insurance by states and hospitals is not for the doctors’ protection; they can do that for themselves. It is a billion dollar malpractice trust fund that has been created for your protection and compensation. If you can show that you were injured by someone’s negligence, you are entitled to be compensated by this fund.
Thousands of patients suffer, due to malpractice, and do not get the compensation they deserve. If you are a victim of malpractice, or your client is a victim of malpractice, contact JD.MD, Inc., today at 800-225-5363. We can provide you with an initial case evaluation or an expert’s opinion.