What Happens If a Medical Provider Runs Out of Malpractice Insurance Coverage During Your Case

All healthcare providers operating in the state of Illinois have to carry malpractice insurance. However, major malpractice cases may mean that their insurance coverage will be exhausted before your case finishes. What happens in that instance? It can definitely complicate matters. However, this doesn’t necessarily mean your case is over. Here’s what you need to know.

What You Need to Know About Medical Malpractice Insurance in Illinois

In Illinois, healthcare providers are required to carry medical malpractice insurance to protect themselves and their patients. This insurance covers claims related to alleged negligence or errors in medical treatment. However, like any insurance policy, there are limits to the coverage, and once those limits are exhausted, the provider may no longer have insurance protection for additional claims.

What Happens When Coverage Runs Out?

If the healthcare provider’s insurance coverage is exhausted during your case, several scenarios can unfold:

1. Provider’s Assets: Without insurance coverage, the healthcare provider may be personally liable for any damages. This means things like savings, property, or future earnings could be at risk to satisfy the judgment.
2. Potential for Settlement: The provider or their legal representatives may try to settle the case to avoid personal financial exposure.
3. Impact on Case Strategy: Your legal team will need to alter their plan. It might mean focusing on other liable parties or looking at other avenues for compensation.

Legal Protections and Considerations

Illinois law provides certain protections and considerations in these situations:

• Statute of Limitations: In Illinois, the statute of limitations for medical malpractice claims is generally two years from the date of injury or the date the injury is discovered, with a maximum of four years from the date of the incident.
• Additional Liable Parties: Even if the primary provider’s insurance is exhausted, there may be other parties who share liability, like hospitals or other healthcare professionals involved in your care.
• Your Legal Team: It’s important to work with an attorney with experience dealing with these situations.

Steps You Should Take

If you find yourself in a situation where a medical provider’s insurance coverage has run out during your case, follow the steps below:

1. Consult with Your Attorney: Discuss what the exhaustion of coverage means for your case and explore your options.
2. Investigate Other Liable Parties: Make sure that all liable parties have been identified.
3. Consider Settlement Options: Be open to a settlement offer, but make sure that any offer is adequate.

There Are Options Even If Malpractice Insurance Coverage Is Exhausted

While the exhaustion of a medical provider’s malpractice insurance coverage can complicate your case, it doesn’t necessarily mean it’s the end. With the right legal guidance and a thorough investigation into all potential sources of liability, you can still seek the compensation you deserve. Call Grewer Law at 630‑401‑5410 to schedule a free consultation.