Insurance and Medical Malpractice

Insurance and Medical Malpractice

Haden Cowherd & Bullock, L.L.C. offers the medical community an experienced and growing malpractice defense team whose goal it is to guide the medical professional through the complex and often stressful medical-legal arena.  Having handled numerous medical malpractice cases involving a myriad of medical issues, specialties, and entities, Haden Cowherd & Bullock’s defense team draws upon that experience to offer unique insight and protection to healthcare professionals and organizations.

Led by founding partner, Randy R. Cowherd, Haden Cowherd & Bullock has served the medical community for over a decade.  Original team members Randy R. CowherdCatherine A. Reade, and nurse-trained paralegal Shelly D. Richardson lead the malpractice section, having worked closely as a team on complex and high-risk litigation since 2002 when Randy R. Cowherd assumed the lead for Haden Cowherd & Bullock’s malpractice section.  Haden Cowherd & Bullock’s original team has successfully tried cases ranging from more common procedures and complications to the rare and extreme.  Most lawsuits involve multi-million dollar claims.  In 2009, the team’s success was recognized by Missouri Lawyers Weekly publication, with Randy R. Cowherd being named the State’s top defense lawyer by defense verdicts and Catherine A. Reade the runner-up.

The success of Haden Cowherd & Bullock’s malpractice section has led to increased trust by a multitude of healthcare organizations, healthcare providers, and insurance companies.  The medical malpractice section’s growth has led to the addition over the years of additional team members Philip QuinnCarey A. Williamson, and Kimberly D. Valdez.

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Insurance & Medical Malpractice Defense Law Firm

Insurance companies are often the target of lawsuits. Some of these lawsuits are frivolous, but others have merit. Similarly, medical practitioners can be the target of malpractice suits, even when they have acted reasonably and per the standard of care.

Our law office has significant experience representing insurance companies and medical practitioners in negotiations and lawsuits. We are aggressive in defending our clients, but we also understand the need to be efficient and cost-effective.

Contact us today to schedule a consultation if you are an insurance company or medical practitioner facing a lawsuit. We will review your case and help you understand your options.

Insurance Litigation Defense

Our Insurance and Medical Malpractice attorneys have experience defending insurance companies in a wide variety of litigation matters, including:

  • Bad Faith Insurance Claims: Claims brought against an insurance company when the policyholder believes the insurer has not acted in good faith in handling the claim.
  • Coverage Disputes: Disputes between an insurance company and a policyholder over the terms of coverage
  • Reinsurance Litigation: Claims and disputes between primary insurers and reinsurers
  • Breach of Contract: When an insurance company is accused of breaching its contract with the policyholder
  • Professional Negligence: When an insurance company is accused of professional negligence in its handling of a claim

We understand the unique challenges that insurance companies face in litigation. We are familiar with the relevant laws and regulations and know how to build a strong defense.

Defenses in an Insurance Lawsuit

There are many possible defenses that an insurance company can raise in litigation. Some of these defenses may be specific to the type of case, while others may be general defenses that can be raised in any insurance case.

Some possible defenses include:

  • The policyholder did not suffer a covered loss
  • The policyholder failed to comply with the policy requirements, such as failing to give notice of the loss or submit proper proof of loss
  • The policyholder made material misrepresentations on the insurance application
  • The policy exclusions apply to the loss in question
  • The insurance company did not act in bad faith
  • The statute of limitations had expired by the time the claim was filled

We will carefully review the facts and evidence in your case to identify any weaknesses in the plaintiff’s case. We will then use these weaknesses to our advantage in court.

Medical Malpractice Defense

Medical practitioners, including doctors, nurses, and dentists, have the difficult job of caring for patients while also complying with a complex web of laws and regulations. Unfortunately, even the most well-meaning and competent medical practitioners can be accused of medical malpractice.

If you are a medical practitioner who is facing a medical malpractice lawsuit, contact us today to schedule a consultation. our insurance and medical malpractice attorneys will review your case and help you understand your options.

What Is Medical Malpractice?

Medical malpractice is any negligence by a medical practitioner that results in injury or death to a patient. To succeed in a medical malpractice claim, the plaintiff must prove four elements:

  • The existence of a doctor-patient relationship
  • The doctor owed the patient a duty of care
  • The doctor breached the duty of care
  • The breach caused the plaintiff’s injury

Penalties for Medical Malpractice

If a medical practitioner is found liable for medical malpractice, he or she may be subject to many penalties, including:

  • Loss of medical license
  • Civil damages

We understand the complex legal and medical issues involved in medical malpractice cases. We will work tirelessly to defend your rights and reputation.

Defenses in a Medical Malpractice Case

There are a number of possible defenses that a medical practitioner can raise in a medical malpractice case. Some of these defenses may be specific to the type of claim, while others may be general defenses that can be raised in any medical malpractice case.

Some possible defenses include:

  • The plaintiff did not suffer any injury
  • The doctor’s negligence did not cause the plaintiff’s injury
  • The doctor did not breach the standard of care
  • The plaintiff assumed the risk of injury
  • The statute of limitations has expired

Even if the plaintiff can prove all of the elements of a medical malpractice claim, defenses may still be available. Our attorneys will carefully review the facts and evidence in your case to identify any defenses that may apply. We will then use these defenses to our advantage in court.

About Lawyers Springfield Mo - We are a Springfield firm with close ties to the community, but our reach extends statewide and beyond.

Representing Doctors in Medical Malpractice Cases

We represent doctors and medical practices in all types of medical malpractice cases, including.

  • Birth injuries
  • Cerebral palsy
  • Erb’s palsy
  • Shoulder dystocia
  • Brain injuries
  • Spinal cord injuries
  • Wrongful death

Part of our job is to shield you from the media circus that often surrounds these cases. We will handle all media inquiries and protect your privacy so that you can focus on what’s important – your career and your family.

Representing Nurses in Medical Malpractice Cases

Nurses are often the first line of defense against medical errors. They are also the ones who are most likely to be sued for medical malpractice.

Our attorneys have experience handling all types of medical malpractice cases involving nurses, including:

  • Surgical errors
  • Anesthesia errors
  • Medication errors
  • Birth injuries
  • Brain injuries

We also represent nurses who have been accused of patient abuse or neglect. We understand the stress and anxiety that comes with these accusations. We will do everything we can to protect your rights and reputation.

Dental Malpractice and Negligence Defense

We represent dentists and dental practices in all types of malpractice cases. We have experience handling the following types of cases:

  • Oral surgery errors
  • Anesthesia errors
  • Nerve damage

Our dental malpractice defense lawyers have successfully defended dentists against many different types of malpractice claims. We will put our experience to work for you.

Hospital Defense for Medical Malpractice Cases

The stakes are high for hospitals in medical malpractice cases. A single verdict or settlement can cost a hospital millions of dollars.

Our attorneys have experience handling all types of hospital defense cases, including:

  • Surgical errors
  • Anesthesia errors
  • Emergency room errors
  • Medication errors
  • Birth injuries

Beyond the financial costs, a hospital’s reputation is also at stake. We understand the importance of protecting your hospital’s reputation. We will vigorously defend your interests in court.

Physician Defense for Medical Malpractice Cases

Being a doctor is not an easy job. Not only do you have to know an incredible amount of information, but you also have to be able to make split-second decisions that could mean life or death for your patients. Unfortunately, sometimes those decisions don’t always turn out the way you hoped, and you may face a medical malpractice case.

We take a team approach to defending physicians in medical malpractice cases. Our team includes experienced trial lawyers, medical experts, and dedicated support staff.

Pharmaceutical and Medical Device Defense

Pharmaceutical and medical device manufacturers are subject to heightened scrutiny and attack. As a result, they need attorneys who understand the science, the law, and the industry to help them defend their products, business decisions, and reputations.

Our team of experienced litigators deeply understands the science behind pharmaceuticals and medical devices. We also have insight into how the regulatory landscape affects both approvals and post-market requirements. Additionally, our team has first-hand experience with product liability suits, government investigations, and qui tam actions.

This allows us to provide our clients with strategic and creative solutions that are tailored to their unique needs. With our help, companies can navigate these challenges and continue to bring innovative products to market.

Common Pitfalls in Insurance and Medical Malpractice Defense

  • Admitting fault: Even if you think you may be at fault, you should not admit fault. Anything you say can and will be used against you in court.
  • Failing to investigate: You should never assume that the facts are as they seem. Always investigate the facts and evidence in your case to ensure that you have a strong defense.
  • Failing to develop a strategy: Every case is different. You should never use the same defense in every case. Always tailor your defense to the specific facts and circumstances of your case.
  • Failing to prepare for trial: If your case goes to trial, you will need to be prepared. Trial preparation is key to success in court.
  • Not hiring an attorney: Insurance and medical malpractice defense cases are complex. You should never try to handle these cases on your own. Always hire an experienced attorney to help you with your case.

Our Approach to Insurance and Medical Malpractice Defense

We employ a 6-step approach to all insurance and medical malpractice defense cases:

Step 1

Investigation

We will thoroughly investigate the facts and evidence in your case to identify any weaknesses in the plaintiff’s claim.

Step 2

Case Evaluation

We will evaluate the strengths and weaknesses of your case to determine the best course of action.

Step 3

Strategy Development

No case is the same. We will develop a customized legal strategy to achieve your case’s best possible outcome.

Step 4

Trial Preparation

We will be ready if your case goes to trial. We will prepare diligently and aggressively for trial to ensure that your rights are protected.

Step 5

Trial

If your case goes to trial, we will be ready. We will prepare diligently and aggressively for trial to ensure that your rights are protected.

Step 6

Appeal

If the plaintiff files an appeal, we will be ready. We will vigorously defend your interests on appeal.

Our goal is to get you the best possible outcome in your case. We will use our experience, skill, and knowledge to achieve this goal.

Talk to Our Experienced Insurance and Medical Malpractice Defense Attorneys Today

Time is of the essence in insurance and medical malpractice defense cases. If you have been accused of negligence, you need to act quickly. Please fill out our online form or call us to request a consultation today with one of our experienced attorneys. We will review your case and help you develop a strong defense. Don’t wait, call us today.

Frequently Asked Questions about Insurance and Medical Malpractice Defense

Some common defenses to insurance claims include pre-existing conditions, exclusions, and limitations. Pre-existing conditions are conditions that existed before the policy was purchased. Exclusions are conditions that are not covered by the policy. Limitations are limits on the amount of coverage.
Medical malpractice is a type of negligence that occurs when a doctor or other healthcare provider fails to provide the standard of care that a reasonable person would expect under the circumstances.
If you are accused of medical malpractice, you should immediately seek the help of an experienced attorney. Insurance and medical malpractice defense cases are complex, and you will need an attorney to help you navigate the legal process.
The standard of care is the level of care that a reasonable physician or other medical provider would employ under the same or similar circumstances. The standard of care varies depending on the facts and circumstances of each case.
Yes. You can be sued for medical malpractice if you are a healthcare provider, such as a nurse,physician’s assistant, or technologist..
The statute of limitations is the deadline for filing a lawsuit. In most cases, the statute of limitations for medical malpractice is two years from the date of the injury.
Some common defenses to medical malpractice claims include contributory negligence, comparative negligence, and assumption of risk. Contributory negligence is when the plaintiff is partially at fault for their own injuries. Comparative negligence is when the plaintiff and defendant are both at fault for the injuries. Assumption of risk is when the plaintiff knew of the risks and chose to proceed anyway.
The statute of limitations for insurance claims varies depending on the type of claim. For example, the statute of limitations for injuries sustained in car accidents is usually five years, while the statute of limitations for wrongful death is usually three years.