tci Part B Insider - 2005 Issue 19

PHYSICIAN NOTES: Plaintiffs Can Go After Physicians If Malpractice Insurer Goes Under

You're at risk if your insurer goes into liquidationFor already struggling physicians, life just got a little harder.The Superior Court of New Jersey, Appellate Division ruled recently that plaintiffs can go after physicians' personal assets if a doctor's insurance company is in liquidation, in Frederick Johnson and Margaret Ann Johnson v. Willie R. Braddy, Braddy Trucking and Walsh Trucking (A-6173-03T2). Now that doctors are on the hook if their insurers go bankrupt, they may be forced to reduce patients' access to care, warns the American Medical Association. The court said that if damages exceed the $300,000 cap...

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