How do I determine if the medical malpractice claim is covered by insurance?

It is important to determine if a medical malpractice claim is covered by insurance before filing the claim. In New Mexico, medical malpractice insurance is regulated by the New Mexico Insurance Code. Under the code, the New Mexico Medical Malpractice Act requires medical professionals to maintain malpractice insurance for any services they provide. In order to determine if a medical malpractice claim is covered, an individual must determine if the medical professional had proper malpractice insurance at the time of the incident. The individual filing the claim should contact the medical professional’s insurer to get information on their coverage. Individuals can also contact the New Mexico Office of the Superintendent of Insurance if they need help obtaining coverage information. An individual should also determine if they meet the criteria for filing a medical malpractice claim. To have a valid claim, the individual must demonstrate that the medical professional was negligent and that the negligence caused an injury or death. This includes providing evidence of the medical professional’s negligence, such as medical records, expert testimony, and documents related to the incident. If the individual can prove their claim meets the requirements and the medical professional had proper coverage at the time of the incident, then the insurance should cover the claim. An experienced attorney can help individuals through this process and ensure that their claim is covered.

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