Dealing With Insurance Companies in Medical Malpractice Claims

## How Malpractice Insurers Work Against Your Claim

Medical malpractice insurance is a multi-billion-dollar industry, and carriers have sophisticated legal and claims management systems designed to minimize payouts on every claim. When you or a loved one is injured by medical negligence, the healthcare provider's insurer assigns an experienced defense attorney whose sole mission is to defeat or minimize your claim. Understanding their tactics gives you and your attorney the knowledge to effectively counter them.

The average malpractice insurer spends $80,000–$120,000 defending a single case — they invest heavily in defeating claims they could often settle fairly at the outset.

Common Defense Tactics Used by Malpractice Insurers

Insurance adjusters and defense attorneys work together on a playbook designed to delay, diminish, and defeat malpractice claims. Early "friendly" contact from the hospital's risk management team is a red flag — their goal is to obtain informal statements and identify weaknesses in your claim before you retain counsel. Never speak to any insurance representative, hospital administrator, or risk manager without your own attorney present.

Early contact to obtain informal statements before you hire an attorney
Offering a quick, low settlement before the full extent of damages is known
Hiring experts to dispute causation ("the patient had pre-existing conditions")
Attacking the plaintiff's medical history to suggest alternative causes
Prolonged discovery to drain plaintiff's financial and emotional resources
Filing motions to dismiss on procedural grounds before reaching the merits

How to Protect Yourself Against Insurer Tactics

Retain your attorney as quickly as possible — ideally within weeks of discovering the injury. Decline all contact with the defendant's insurer or risk management team. Communicate only in writing when required. Follow your doctor's treatment recommendations without gaps — gaps in treatment are used by defense teams to argue your injuries are not serious. Document everything: costs, appointments, symptoms, and quality-of-life impacts.