How much is medical malpractice insurance, and what does it mean for you if you’ve been injured because of a medical error? While most people never think about a doctor’s insurance policy until something goes wrong, understanding how it works can help you make informed decisions after a medical injury.
If you’re considering legal action against the wrongdoers, it’s natural to wonder whether the provider has coverage and whether it will pay for your damages. At Brockstedt Mandalas Federico LLC, we regularly represent individuals and families navigating these exact questions. In this post, we explain how Maryland medical malpractice insurance works, what it covers from the plaintiff’s perspective, and its role in the compensation process.
What Is Medical Malpractice Insurance?
Medical malpractice insurance, sometimes referred to as med mal insurance, is a type of professional liability coverage that doctors, hospitals, and other licensed healthcare providers carry to protect themselves in the event of a lawsuit.
It is designed to cover legal defense costs, court fees, and, most importantly, damages awarded to the injured patient if the provider is found liable for malpractice.
This coverage is not optional. Most healthcare professionals in Maryland must carry malpractice insurance, and many hospitals require proof of coverage before granting privileges to practice.
What Does Medical Malpractice Insurance Cover?
From the patient’s perspective, the most important question is, What does medical malpractice insurance cover when something goes wrong?
In general, a provider’s policy may cover:
- Damages awarded to the injured patient in a settlement or trial,
- Legal defense costs incurred by the provider,
- Expert witness fees and court expenses, and
- Administrative costs related to resolving the claim.
For plaintiffs, this means that if they win their cases or reach a settlement, the compensation typically comes from the provider’s malpractice insurance, not directly from the provider’s finances.
This detail is significant in severe injury cases. Medical bills, lost wages, ongoing care, and pain and suffering can add up. Without insurance coverage, a defendant might not have the resources to compensate you fairly, even if you win in court.
How Does Med Mal Insurance Affect Your Case?
Understanding how med mal insurance works helps explain why having experienced legal representation matters.
1. The Provider’s Insurance Company Will Handle the Defense
When a lawsuit is filed, the provider’s insurance company steps in to defend the case. That means:
- The insurance company hires defense attorneys;
- It may attempt to settle before trial; and
- If the case goes to court, it may influence strategy and timing.
You are not negotiating directly with the doctor or hospital; you are often dealing with an experienced insurance company focused on minimizing payouts.
That underscores the importance of working with a law firm with a proven track record of handling complex medical malpractice cases and understanding how insurers evaluate risk.
2. Coverage Limits May Affect Settlement Amounts
Each Maryland medical malpractice insurance policy has limits, meaning the insurer will only pay up to a certain amount per claim. If the damages awarded exceed those limits, the remaining amount could be the provider’s responsibility (though this is rare and can complicate recovery).
At Brockstedt Mandalas Federico LLC, we conduct thorough investigations to understand all available insurance coverage and how it may impact your ability to recover full compensation.
3. Some Providers Are Self-Insured
Not all healthcare providers carry third-party malpractice insurance. Some larger hospital systems are “self-insured,” meaning they set aside internal funds to pay for claims. While this still allows for recovery, the approach and negotiation process can differ.
An experienced attorney will know how to navigate both traditional insurance and self-insured provider cases.
Maryland Medical Malpractice Insurance Overview
In Maryland, state guidelines regulate medical malpractice insurance and require most physicians to maintain coverage. Some key facts include:
- Hospitals and medical groups often carry institutional policies covering their employees;
- Independent providers must secure their own insurance, which can vary by specialty and risk profile; and
- Coverage is not uniform, as each case requires investigation into the type, amount, and applicability of coverage.
Again, the important takeaway is that this insurance exists to provide a financial pathway for patients harmed by substandard care.
Why Insurance Doesn’t Guarantee a Payout
While med mal insurance is a critical resource, it does not guarantee compensation. You still need to prove your case under Maryland law, including:
- That a healthcare provider owed you a duty of care,
- That they breached the accepted standard of care,
- That the breach directly caused your injury, and
- That you suffered measurable damages.
Only once these elements are established, through evidence and expert testimony, does the insurer become obligated to pay a settlement or judgment.
Insurance is the mechanism for payment, but you still must prove legal liability.
Do You Need to Know the Provider’s Insurance Info?
As the plaintiff, you do not need to obtain the provider’s insurance policy before starting your case. That’s your attorney’s role. When you hire us, we investigate:
- Who may be legally responsible,
- What coverage is available, and
- Whether the case justifies moving forward under Maryland law.
We also handle the detailed legal filings, expert certifications, and communications with insurers from start to finish, so you can focus on healing and moving forward.
How Much Is Medical Malpractice Insurance?
You may be curious about the cost of medical malpractice insurance for doctors. However, from the plaintiff’s standpoint, this isn’t particularly relevant.
Costs for physicians vary based on:
- Medical specialty (e.g., OB-GYNs tend to pay more than dermatologists);
- Location and hospital affiliation; and
- Claims history and coverage limits.
While it may be helpful to know that insurance is in place, the premium costs doctors pay don’t affect how much you may recover in your case. What matters is the coverage amount and whether your case qualifies under Maryland’s legal standard for malpractice.
Get Trusted Legal Help in Maryland
Understanding what medical malpractice insurance covers is only part of the picture. To move forward after a medical injury, you need a trusted legal partner who can guide you through Maryland’s complex process and fight for the outcome you deserve.
At Brockstedt Mandalas Federico LLC, we have decades of experience handling medical malpractice claims across Maryland, including those involving serious injuries, hospital errors, and wrongful death. We know how to deal with insurance companies, build strong cases with expert support, and pursue justice when preventable harm has occurred.
We offer compassionate, personalized legal representation and are ready to help you seek the answers and accountability you need. Contact us today to schedule a consultation.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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