Hospitals Failing to Purchase Medical Malpractice Coverage

October 04, 2012 (Press-News.org) An investigation by the New York Times has made public the fact that several of the city's hospitals do not have medical malpractice insurance, creating a dangerous situation for both the hospital and patients. Unfortunately, hospitals in other parts of the country are also forgoing medical malpractice coverage, including poor, underserved areas such as Philadelphia, Chicago and Miami-Dade Counties. It is possible that some of Missouri's hospitals may also have made or will make the same choice to cut costs.

Hospitals Forgoing Medical Malpractice Insurance

Medical malpractice insurance provides benefits to patients injured by physicians' mistakes and other medical errors and is an essential part of the health care industry. It assures patients that they will be appropriately compensated for their injuries and enables doctors the freedom to perform the duties of their profession.

There are several reasons why hospitals fail to carry medical malpractice insurance. Some forgo the coverage to save money in the short run, though this almost never works out in the long run since it leaves the hospital itself susceptible to lawsuits. Others have used up the reserves they previously used to purchase medical malpractice insurance on prior medical malpractice settlements.

In one example, Interfaith Medical Center in Brooklyn closed its obstetrics department after a patient was awarded over $31 million in a medical malpractice lawsuit against the hospital. It will be paying the award in installments until 2018 and decided to close the obstetrics ward since the department was too costly to insure. The hospital currently does not have medical malpractice coverage.

Why Medical Malpractice Is Important

In New York, hospitals are not required to purchase insurance, nor are they required to tell patients they do not carry medical malpractice coverage. This situation only hurts patients, since they will be left high and dry in the event that they are injured while under the hospital's care. Without medical malpractice insurance, hospitals must try to settle with injured patients using their own funds or risk bankruptcy. Either way, injured parties lose since they may fail to receive appropriate compensation, if any at all.

Unfortunately, no central database exists which records what hospitals have medical malpractice insurance coverage and which ones do not, so the public is left largely in the dark regarding the status of their preferred health care facility, emergency room or hospital. Establishing such a system would help the public stay informed and hold hospitals accountable for carrying the insurance.

A hospital that fails to carry medical malpractice insurance puts patients in danger and leaves the facility susceptible to lawsuits that can lead to its financial demise. If you have been the victim of a medical error at a Missouri hospital, please contact an experienced medical malpractice attorney who can help you recover any compensation to which you may be entitled.

Article provided by Devereaux, Stokes, Nolan, Fernandez & Leonard, P.C.
Visit us at www.gonzalofernandez.com