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What happens when a Doctor Intentionally Causes Harm

If a doctor intentionally causes you harm in New York, then his insurance company will most likely not provide him with the coverage. Every doctor in New York is required to carry medical malpractice insurance. They do that for the key reason that if the patient suffers harm because of the doctor's carelessness, the patient has the ability to be compensated by the doctor's insurance company.

When is Medical Malpractice Insurance Coverage Applicable?

This insurance is only applicable, if the harm was due to an accident or carelessness where the doctor has violated the basic standards of medical care. This means the doctor was negligent or careless in treating you, and due to such negligence, you have suffered significant harm.

You will then file a medical malpractice case against the doctor for claiming compensation for your injuries. If the jury rules in your favor and grants you compensation, then that amount will be paid by the doctor's insurance company. The insurance company will also bear the cost of the trial and for providing legal counsel to the doctor.

When is the Coverage not Available

However, if the doctor has done something willful to cause injury or harm, then the terms of insurance contract are violated, and therefore the insurance company will deny coverage in such instances.

Now, since there is no coverage available and if the injured victim files a lawsuit, the doctor will have to pay the compensation from his personal assets. However, such instances are rare, where the doctor intentionally tries to cause harm or takes part is some criminal activity, which has caused harm to the patient. Therefore, if you suffer significant injury because of the doctor's intentional act, his insurance company is going to deny coverage.

The insurance company will say they are not obligated to pay for the defense, and not obligated to pay the compensation awarded through a court of judgment. In such case if you file a lawsuit and receive a verdict against the doctor, then you are able to target the doctor's own personal assets.

Difficulties in Receiving Your Compensation

Receiving your amount awarded by the jury could be quite difficult when the insurance company has denied you coverage and you have to recover the money from the personal assets of the doctor. Especially when the jury has awarded you, a substantial compensation amount and the assets of the doctor are not enough to cover that amount. In such instances, you have a few avenues that are available to you in trying to obtain the financial amount you have been legally obligated to recover.

The court might order that you receive a percentage of the doctor's income every month, until you have acquired the full compensation amount. This could take a long time depending on the amount awarded to you and the income of the doctor. If the doctor is looking at some jail time then you may have to wait until the doctor returns to medical practice again before your start to earn some money again from this doctor. If the doctor can no longer work in medicine then that could hurt their income status and it will take you longer to receive the amount you are entitled too.

But nonetheless, you have the right to receive a portion of that person's income until the debt is satisfied.

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