Professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.
These cases are, in many ways, treated like cycling accidents. Medical bills and lost wages are presented to the client’s automobile insurance company regardless of fault up to the client’s No Fault coverage policy limits. Medical bills are paid by the client’s auto insurance company at a rate of 80%. Lost wages are paid at a rate of 60%. The twenty percent of the medical bills and the forty percent of the wages not covered by the client’s auto insurer are the responsibility of the at fault party. Pedestrians that are not required to have their own no fault auto insurance are entitled to submit their medical bills to the insurance company that insures the driver that hit them. Making sure that the insurance laws and contracts are applied correctly to a given situation is crucial in maximizing the injured party’s recovery.