District Court Weighs In On Oklahoma Medical Malpractice Case

by Colbert Cooper Hill Attorneys

A case recently heard by the United States District Court of Oklahoma examined the types of coverage provided by certain Oklahoma Medical Malpractice liability policies.

Court documents from the case of Admiral Ins. Co. v. Thomas show that a liability coverage policy was purchased through a broker in 2009 to cover the practice of a gynecologist in Oklahoma. The policy stated it would cover “medical incidents” that would arise from the doctor’s practice of “gynecology and major surgery”.

When a family sued the doctor for medical malpractice following the botched delivery of a baby, the insurer denied the claim on the grounds that the incident occurred outside the doctor’s field of practice. The insurer went on to explain the delivery of a child is defined as obstetrics, not gynecology.

The doctor claimed he had asked his broker to include coverage for Obstetrics in the policy. However, the broker did not convey the message to the insurer, forcing the court to rule in favor of the insurer.

The Oklahoma Personal Injury Lawyers with J. Colbert Injury Lawyers know how emotionally and financially difficult medical mistakes can be. That is why the firm would encourage anyone who has been harmed while under the care of a physician to discuss your legal rights with an attorney immediately.