I have an attorney who has filed a very good malpractice lawsuit against my doctor, who incidentally also has several others filed against her, including one for the death of a patient for which she is being blamed, and when he sent the information to her malpractice insurance company, they denied the claim without an explanation, according to my attorney. How can that be possible and how do I find out the reason for the denial? Certainly there must be a way to dispute this isn't there?
Ok yellowca..., so is there a website that I can use to check that she did have coverage at the time to see if that could have been the reason for denial? My attorney only gets paid if I win so he doesn't seem to be very diligent at this point because there are other people ahead of me suing her. If they win an amount up to what her insurance covers, and then my suit is won as well, am I out of luck when her cap is reached? Also, I heard that there is no cap if fraud can be proven, for which I do have back and white proof. I'm just trying to get an idea of where I stand because this doctor has already put her personal assets into someone else's name, and I need the winnings from this suit to correct what she has ruined.
cyclone1164
In order to successfully sue a doctor or collect from their insurance for malpractice there has to be another doctor who will testify against the doctor being sued.
However that is a very rare occurrence and probably why your claim was denied.
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yellowcar29
It sounds like your claim is in its early stages. Insurance companies generally deny everything and they don't have to say why. It's up to the court to decide whether the doctor was negligent, and that overrides the insurance company's decision. It's standard practice to invite the insurance company to negotiate a settlement before going to court, but they often refuse. Sounds like that is what happened with your claim, but like I said the court has the final decision. Your lawyer should be happy to explain the process to you if you ask him/her.
Orignal From: How do you find out why your medical malpractice claim was denied?
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