At Cooper Schall & Levy, our medical malpractice attorneys have a great deal of experience handling Philadelphia lawsuits in which MCARE plays a significant role. Our law team has the knowledge and skill to recover maximum damages and a track record of successful outcomes.
If you have suffered harm as a result of medical negligence, contact our office to find out more about your options when it comes to collecting the compensation you need and deserve.
What Is MCARE in Philadelphia
MCARE stands for the Medical Care Availability and Reduction of Error Fund. This is a special fund established in 2002 to ensure that victims of medical negligence and malpractice receive fair compensation for their personal injuries when the awarded settlement exceeds the coverage of the responsible party. You should be aware that MCARE only allows patients to sue for medical malpractice in the county in which the medical malpractice occurred.
Because medical and hospital costs are so high, MCARE provides Philadelphia residents with a much-needed safety net. Our sharp medical malpractice attorneys are adept at making certain that the intricacies of MCARE are navigated properly so that our clients receive every dollar of compensation they deserve.
How MCARE and Cooper Schall & Levy Team Up to Help Pennsylvanians
MCARE and our strong medical malpractice attorneys serve residents of the Commonwealth of Pennsylvania well. MCARE assists with claims, compliance, and coverage. Our lawyers assist with the investigation, examining medical data, interviewing witnesses, getting expert testimony, and engaging in agile negotiations,
When our lawyers file a claim of malpractice against a medical provider, MCARE is typically part of the process, acting as a mediator in cases with multiple defendants. Our legal team works collaboratively with MCARE representatives to find a pathway to effective resolution of your claim outside of the courtroom.
MCARE both collects and monitors evidence concerning mandatory insurance requirements and reports any incidents of noncompliance to licensing boards. When necessary, medical boards can suspend or revoke the licenses of uncooperative healthcare providers. It also facilitates gathering yearly assessments of insurance coverage from all the healthcare providers it serves.
What is Required of Philadelphia Healthcare Providers
State law mandates that healthcare professionals who provide 50 percent or more of their medical care within the Commonwealth of Pennsylvania retain supplemental medical malpractice insurance coverage. Those who are in this category are required to have two layers of insurance: both a privately obtained primary insurance policy and
an additional policy from MCARE. Doctors, surgeons, and hospitals must each maintain a total of $1,000,000 per claim which means that their private primary insurance policy must cover $500,000 of any claim or occurrence, while the MCARE Fund will cover anything exceeding that amount up to another $500,000 for each occurrence.
When a defendant suspects that the damages awarded to the plaintiff may exceed their private coverage, they must notify MCARE in writing and give the funds received from their private insurer to MCARE in preparation for a settlement. Once this is done, MCARE will offer the necessary excess coverage, ensuring that the injured party receives all awarded damages.
How MCARE Is Funded
MCARE is not funded by government allotments or taxpayer contributions. Instead, it is supported by the healthcare professionals it serves, collecting annual fees from each one.
Also, 25 percent of any punitive damages awarded to the plaintiff must be paid to MCARE, and though punitive damages are rarely awarded in medical malpractice cases, punitive damages tend to be very high.
Damages that Victims Can Receive
At Cooper Schall & Levy, we are well aware that medical malpractice is especially distressing since it represents a betrayal of trust. After all, we go to doctors and hospitals believing that we will be healed or at least have our suffering relieved. When hospitals, doctors, nurses, or other medical professionals do us harm, we have every right to be compensated for both economic and non-economic losses.
Economic losses include not only medical costs, but lost income, long-term nursing care, loss of financial support, and funeral expenses (in cases of wrongful death).
Non-economic losses involve intangibles, such as pain and suffering, permanent disability or disfigurement, loss of emotional support, or loss of enjoyment of life.
In tragic cases of medical malpractice in which the patient loses mobility, sensation, vision, hearing, cognition, an organ, or a limb, the cost is immeasurable. Fortunately, through MCARE, residents of Pennsylvania have an added opportunity to recover damages that provide some semblance of justice in the face of catastrophic personal injury.
Contact Our Experienced MCARE/Medical Malpractice Attorneys Today!
As you can see from the details of the above content, collecting medical malpractice claims is a complicated process, requiring exceptional legal capability. When you are the victim of malpractice, overwhelmed by physical and emotional trauma, you need a determined, compassionate attorney to see you through. Contact Cooper Schall & Levy now so we can begin strategizing about how best to fight for your rights while you concentrate on healing.
