Is a doctor’s insurance company the only source of financial compensation in a medical malpractice lawsuit that is settled out of court?
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Is a doctor’s insurance company the only source of financial compensation in a medical malpractice lawsuit that is settled out of court?
If a single doctor (not the hospital) is involved in a medical malpractice lawsuit and is insured for $1MM, is that the maximum amount the plaintiff can receive if the doctor settles out of court? Or can the plaintiff’s attorney attempt to obtain additional compensation through the doctor’s business or personal assets?
Asked on March 7, 2012 under Malpractice Law, New Jersey
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
These are two separate issues. You can settle whatever the amount you want to. Insurance is considered a collateral sources which should be additional to the recovery through courts.
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