Delayed Defense: How Insurer Mismanagement Can Devastate Your Medical Malpractice Claim

Did you know that only about 2% of injuries due to medical negligence ever result in a malpractice claim? This startling statistic highlights a significant issue: many valid medical malpractice claims are never pursued, and one of the reasons is the mismanagement of claims by insurance companies, leading to what’s known as a “delayed defense.” This delay can severely weaken your claim, leaving you without the compensation you deserve.

The Insurance Company’s Role in Medical Malpractice Claims

When a medical professional commits an act of negligence, such as a misdiagnosis, surgical error, or medication mistake, that causes harm to a patient, the patient has the right to file a medical malpractice claim. However, these lawsuits are more against the insurance company than the doctor. Doctors, healthcare providers, hospitals, and clinics carry medical malpractice insurance to protect them when medical negligence occurs. The insurance carrier typically pays the victim’s compensation, and also covers the costs of defending a malpractice case. This means a victim often faces a malpractice insurance provider and their legal team when trying to secure fair compensation for their medical care, income losses, and other damages.

What is Delayed Defense?

“Delayed defense” refers to tactics used by insurance companies to stall or impede the progress of a medical malpractice claim. While some delays are unavoidable due to the complexity of medical cases, others are deliberate strategies employed to weaken the claimant’s position. These tactics can include:

Prolonged Investigation: Dragging out the investigation process by repeatedly requesting additional documents or claiming the need for extended reviews.
Denial or Underpayment: Denying a valid claim outright or offering a settlement that is far below the actual value of the damages.
Withholding Information: Failing to provide necessary information or documents to the claimant in a timely manner.
Ignoring Communication: Ignoring or delaying responses to the claimant’s inquiries or requests.
Legal Maneuvering: Using legal tactics to delay court proceedings or complicate the claimant’s case.

How Delayed Defense Devastates Your Claim

A delayed defense can have several detrimental effects on your medical malpractice claim:

Erosion of Evidence: As time passes, evidence can become lost or degraded, witnesses’ memories can fade, and medical records can become more difficult to obtain.
Statute of Limitations: Every state has a statute of limitations for filing medical malpractice claims, which sets a legal time frame for filing a medical malpractice claim. In Tennessee, you generally must file your medical malpractice case within one year of the alleged wrongful action or negligence. A delayed defense can eat into this time, leaving you with little or no opportunity to file a lawsuit if negotiations fail.
Financial Strain: Medical malpractice claims often involve significant medical bills, lost wages, and other expenses. A delayed defense can prolong the financial strain on the claimant, making them more likely to accept a low settlement offer out of desperation.
Emotional Distress: Dealing with a serious injury or illness is already emotionally taxing. A delayed defense can add to the emotional distress, causing anxiety, frustration, and a sense of helplessness.
Reduced Settlement Value: Insurance companies know that a delayed defense can weaken a claim. As a result, they may offer a lower settlement than what the claim is actually worth, knowing that the claimant may be more likely to accept it due to the circumstances.

Why Insurers Delay Claims

Insurers may postpone payments for a number of reasons, but they frequently result from deliberate tactics used by insurers to safeguard their profits. Some typical explanations for why insurers could postpone payments include:

Hoping to Settle for Less: Insurers hope to pressure victims into accepting lower settlements. Facing mounting bills and financial uncertainty, many victims feel compelled to accept a quick but inadequate payout. This tactic allows insurers to close claims at a lower cost than they might otherwise be obligated to pay.
Creating Bureaucratic Obstacles: Insurers may repeatedly request additional documents, claim the need for extended investigations, or create other unnecessary procedural barriers. These tactics are designed to wear down victims, leading them to abandon their claim or settle for less than they deserve.
Disputing Liability: Insurers often delay payments by disputing liability. They may argue that their policyholder was not at fault or that the victim’s injuries were not caused by the accident.

Protecting Your Claim from Insurer Mismanagement

While you cannot control the insurance company’s actions, you can take steps to protect your claim from a delayed defense:

Seek Legal Representation: An experienced medical malpractice attorney can act as your advocate, communicate with the insurance company on your behalf, and protect your rights.
Gather Evidence: Collect all relevant medical records, bills, and other documents to support your claim.
Document Everything: Keep a detailed record of all communication with the insurance company, including dates, times, and the names of individuals you spoke with.
Meet Deadlines: Be aware of all deadlines and ensure that you meet them.
Be Persistent: Do not give up easily. Continue to pursue your claim, even if the insurance company is being difficult.

Is the Insurer Acting in Bad Faith?

Each state has laws about how an insurance company must act. If an insurance company acts in bad faith to intentionally delay payment for a valid claim, there are a few things you can do. You may have options to: File a lawsuit against the insurance company or file a lawsuit against the party that caused your accident.

Don’t Let Insurer Mismanagement Derail Your Claim

A delayed defense is a serious threat to your medical malpractice claim. By understanding the tactics that insurance companies use and taking steps to protect your claim, you can increase your chances of obtaining fair compensation for your injuries. If you suspect that the insurance company is engaging in a delayed defense, it is crucial to seek legal representation as soon as possible. An attorney can evaluate your case, advise you on your legal options, and help you navigate the complex legal process.