LEGAL GUIDE
Written by attorney Marcus Bazzell Boston | Sep 6, 2018

The Doctor Has Insurance In Your Medical Malpractice Case Can You Tell Jury?

The doctor has insurance in your medical malpractice case, can you tell the jury this fact in Maryland? This is a question that comes up from time to time because some plaintiffs conclude that because the doctor is not going to pay the verdict out of their own pocket in many cases, the jury should know this if they return a verdict against the doctor.

I’m writing today’s Maryland medical malpractice educational article to explain how in general Maryland looks at this issue. If you have questions about this specific fact pattern in your jurisdiction outside of Maryland, ask your attorney.

WHY UNDERSTANDING HOW TO PROVE MEDICAL MALPRACTICE IN MARYLAND MATTERS…

Before answering the question about the doctor has insurance in your medical malpractice case, can you tell the jury, it is a good idea to review in general how to prove medical malpractice in Maryland? Understanding this will lay the foundation as to the basis of the insurance question. Medical malpractice cases in Maryland can work a little bit different from some other types of torts cases, like say auto crashes.

Under Maryland law, you must prove that your treating doctor fell below the standard of care owed to you, causing your injury, or damages. To prove this, your Maryland medical malpractice attorney will use medical experts to give opinions as to the standard of care, departure from said standard, and causation of the damages. A jury will be asked to review the facts to determine these issues in a medical malpractice claim.

DOCTOR HAS INSURANCE IN YOUR MEDICAL MALPRACTICE CASE

If you review the information in the above paragraphs regarding what is needed to prove a Maryland medical malpractice case, you will see that the issue of the doctor’s insurance is irrelevant as to the issues which have to be proven. As a result, Maryland law in general will not allow you to bring up the fact that the doctor has malpractice insurance.

When a jury is deliberating on the facts of the case, the law wants them to base their decision on just that, the facts proven at trial. If insurance is mentioned, there is a chance that the jury could just base their decision on the fact that the doctor will not have to pay for any harm done, instead of the facts determined at trial. Bringing up insurance is a good way for the other side to ask for the trial to be redone from the beginning in many instances.

QUESTIONS REGARDING YOUR MEDICAL INJURY?

As to the question of the doctor has insurance in your medical malpractice case; hopefully you understand now why this issue will generally not come up to the jury. If you have questions regarding a medical malpractice claim in Maryland, this is what I invite you to do.

If you have questions about your baby’s birth injury, and they center on can the nurse also be at fault for my baby’s birth injury, this is what I invite you to do.

Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.

Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

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