The Vulnerability of Medical Negligence Victims: The Invisible Cost of Years of Waiting and Article 20 LCS Interests
Medical Negligence Victims Face Years of Waiting for Financial Compensation
Medical negligence victims endure years of waiting to receive financial compensation. Despite the provisions of Article 20 of the Insurance Contract Law (LCS), insurers delay payments, leading to an increase in default interest rates and imposing an unjust burden on the victims.
Medical Negligence Victims: Between Waiting and Mounting Expenses
Families affected by medical negligence must shoulder high care costs while awaiting the compensation they are due. Expenses like physiotherapy, speech therapy, and home adaptations often have to be covered out of pocket, leaving victims in a vulnerable position. In many cases, compensation can take more than a decade to materialize.
The Impact of Article 20 LCS Interest
Article 20 LCS imposes a penalty for insurers that fail to pay compensation within the stipulated timeframe, setting a default interest rate of 20% annually after two years from the date of the incident. While the courts have upheld this provision, many insurers continue to delay payments, resulting in interest that sometimes surpasses the principal amount.
Why Don’t Insurers Pay on Time?
Despite established jurisprudence and accumulating interest, many claims departments fail to act diligently. Often, they don’t even set aside amounts determined by their own adjusters, leading to inflated compensation sums due to accrued interest. This approach not only worsens the victims' situation but also results in additional costs for insurers, who end up paying more than necessary.
The Supreme Court Ruling and Its Impact on Default Interest
The recent Supreme Court ruling (No. 853/2024) reaffirmed that the dies a quo for calculating default interest is the date of the incident—a fact that should prompt insurers to expedite payments. However, many companies continue to ignore the financial repercussions, prolonging the suffering of victims and their families.
Conclusion: The Urgent Need for Change in Insurers' Practices
It is essential for insurers to review their practices to avoid unnecessary accumulation of default interest. Financial compensation should arrive promptly to cover victims’ immediate costs. Affected families cannot afford to wait years for compensation that only grows due to insurer inaction. It is time to prioritize victims, ensuring they receive the care and financial support they need.
