Firm news / 3.20.2013

Doctors Strategize to Protect Against Malpractice Lawsuits

Duncan Law Group
Share to Social

MDs Looking for Ways to Avoid Losing Personal Property

The

Chicago Tribune “Chicago Homes” section recently ran a question-and-answer piece
which focused on strategies that doctors and other healthcare professionals
can use to safeguard their homes and other personal assets against the
possibility of losing a medical malpractice lawsuit. The vast majority of doctors are covered by medical malpractice
insurance policies which they pay for to protect them against being forced
to pay out on a patient’s claim of having been injured by some type
of medical negligence. In the event that the value of the plaintiff’s
claim exceeds the limits of the policy, however, the doctor may be held
liable to pay for the amount of damages which are not covered by the insurance.

The article mentioned one of the most effective strategies as being the
establishment of a trust, an estate planning strategy which involves transferring
vulnerable assets out of one’s own legal ownership and into the ownership
of the trust in order to protect them against the claims of creditors.
In addition, they recommended simply paying for more coverage with a more
expensive malpractice policy. This is especially important for doctors
in Illinois, a state which is famous as being one of those which does
not impose caps on the damages which can be claimed in a medical malpractice
lawsuit. While this may be the cause of considerable concern for doctors,
it is good news for the patients who have suffered preventable injuries
and for families who have lost a loved one as a result of medical negligence.

The fact is that Illinois is among the leading states in the country in
the field of medical malpractice claims, according to data released by
Diederich Healthcare, a nationwide medical malpractice insurance company.
Illinois is one of the six states which accounted for 51.4 percent of
all medical malpractice payouts in 2011, and it ranked third in the country
with a total of $242,108,800 in payouts. This state also had one of the
highest average payout amounts, at $580,596. In comparison, the state
with the highest average payout was Hawaii, with $686,509, while Indiana
had the lowest payout at $122,297. If you or a loved one has suffered
injury as a result of medical malpractice on the part of a doctor or other
healthcare practitioner, contact Duncan Law Group to discuss the matter and learn how much your case may be worth.

We come to you
Life doesn’t pause after an injury. That’s why we don’t wait. We come to you and we are ready to listen, act, and protect your rights.
Chicago Office
161 N. Clark St,
Suite 2550A,
Chicago, IL 60601
Get Directions
Oak Brook Office
1 Tower Lane,
Suite 2060,
Oak Brook, IL 60181
Get Directions
Moline Office
1610 5th Ave,
Moline, IL 61625
Get Directions
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship.
Send Us Your Case Details
We’ll respond and let you know the best way to proceed with your case.
cross linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram