Insurance Bad Faith/Medical Malpractice FAQs
Insurance Bad Faith FAQs
- What is insurance bad faith?
- How do I know if my insurance company is acting in bad faith?
- What are the different types of policies where bad faith claims can arise?
- What is first and third party insurance bad faith?
Medical Malpractice FAQs
- What is medical malpractice?
- What are some common types of medical malpractice?
- What should I do if I suspect medical malpractice?
Insurance Bad Faith FAQs
Q: What is insurance bad faith?
A: Insurance bad faith claims arise when insureds believe that their insurance company has failed to abide by the terms of their policy by unfairly denying a claim even though the claim falls within the policyholder's coverage, or delaying processing or payment on a claim even though the claim was properly and timely submitted.
Q: How do I know if my insurance company is acting in bad faith?
A: Not every denial or delay of a claim derives from the insurance company acting in bad faith. Often a denial or delay falls within the scope of the policy's terms. An insurance bad faith attorney can evaluate the facts of your case and the extent of the insured's coverage to determine if the insurer is acting in bad faith.
At Herman | Goldstein, our experienced attorneys have considerable experience handling insurance bad faith matters from the perspectives of both insurers and insureds. In particular, Evan S. Goldstein, one of our firm's partners, has extensive experience in this area of law.
Q: What are the different types of policies where bad faith claims can arise?
A: Insurance bad faith claims can arise in connection with policies such as homeowner's insurance, title insurance, commercial insurance, automobile insurance, life insurance, and workers' compensation insurance.
Q: What is first and third party insurance bad faith?
A: In first party insurance claims, the insured makes a claim for reimbursement for damages under his or her own insurance policy. Third party claims are pursued against the insurance company of another individual or business that has caused you damages.
Medical Malpractice FAQs
Q: What is medical malpractice?
A: Medical malpractice is a broad term referring to the wrongful or negligent actions of medical practitioners, including doctors, their staff, and hospitals, in the diagnosing, treatment, and care of patients. Medical malpractice can cause patients to suffer serious injuries or even death.
In Arizona, according to Arizona Revised Statutes Title 12-561, medical malpractice is defined as "an action for injury or death against a licensed health care provider based upon such provider's alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services, nursing services or other health-related services, without express or implied consent . . . ." Title 12-563 states that to establish that the injury resulted from medical malpractice, the plaintiff must prove that the "health care provider failed to exercise that degree of care, skill, and learning expected of a reasonable, prudent health care provider in the profession or class to which he belongs within the state acting in the same or similar circumstances" and that "such failure was the proximate cause of the injury."
Q: What are some common types of medical malpractice?
A: Common instances of medical malpractice include failure to diagnose or misdiagnosing a disease, failing to detect signs of a difficult birth leading to birth injuries or death, nursing home abuse and neglect, and medical treatment causing catastrophic injuries or wrongful deaths.
Q: What should I do if I suspect medical malpractice?
A: If you suspect that you or a loved one suffered injuries due to medical malpractice, you should consult an attorney as soon as possible. In Arizona, subject to certain exceptions, plaintiffs generally have up to two years from the time of the incident or reasonable discovery of the injury to file a medical malpractice claim. An experienced medical malpractice lawyer can evaluate your case, assess whether you have a viable claim, and advise you of your options.
To find out how we can help you with your insurance bad faith or medical malpractice matter, contact Herman | Goldstein today for a consultation.
