Can You Sue a Doctor Without Malpractice Insurance?

Laws Regarding Uninsured Doctors in New York

According to the Office of General Counsel, “there is no statutory requirement at present that a physician practicing in New York carry professional liability insurance.” This means that your medical doctor is not required to carry medical malpractice insurance in most circumstances.

While this does not mean that you cannot recover compensation after a negligent doctor harms you, it may complicate the way you go about the process of getting the money you need for your recovery.

A medical malpractice lawyer from the Law Office of Cohen & Jaffe, LLP can guide you through this process, advising you of your options and looking out for you and your loved one’s best interests.

Understanding How Medical Malpractice Lawsuits Work

According to a peer-reviewed article published in Clinical Orthopaedics and Related Research, the four elements of a medical malpractice case are as follows:

• Your doctor owed you a professional duty of care. This is their duty to provide you with treatment comparable to what you would receive from one of their peers with similar training and experience.
• Your doctor failed to meet this duty. Your doctor may breach this duty of care through a negligent act or omission.
• Your injuries were caused by this breach of duty. Your injuries would not have occurred or worsened if not for your doctor’s breach of duty.
• Your injuries resulted in losses for which you can be compensated. Your injuries caused you harm, such as financial losses, physical pain, and mental suffering.

Proving Medical Malpractice

In order to prove these criteria apply to your situation, your lawyer will investigate the incident, collect evidence, and assemble the strongest possible case for compensation on your behalf. Then, they will use this information to negotiate on your behalf or to argue for your rights at trial if necessary.

This is why it is important to find the right lawyers for you and your family—lawyers you can trust to thoroughly investigate every aspect of your case and pursue the full amount they believe you deserve.

Statute of Limitations on Medical Malpractice Lawsuits

According to CVP §214-A, the statute of limitations on bringing a lawsuit in a medical malpractice case is typically two years and six months from the time you are injured. However, there may be exceptions that lengthen or shorten this period.

For example, if you recently discovered your injury despite the fact that the incident that caused it happened several years ago, you may still have a case for pursuing compensation. A medical malpractice lawyer from the Law Office of Cohen & Jaffe, LLP can give you a better idea of how the statute of limitations applies to you after reviewing your case.

Why Hire a Lawyer?

If you are ready to learn about your options for pursuing compensation from an uninsured doctor, call us today.

We Get Results for Our Clients

At the Law Office of Cohen & Jaffe, LLP we have been serving the wrongfully injured of Long Island for years, recovering millions of dollars for clients like you. We give each case the personal attention it deserves, working to secure the best possible outcome for you and your family after medical negligence leaves you hurt, unable to work, and in need of help.

We Are Here for You

We pride ourselves on our accessibility and transparency. We will not make you promises we cannot keep, and we will never keep you in the dark about your case. If you call us, we will call you back.

You will work with partners Richard Jaffe and Stephen Cohen personally as you pursue the compensation you need and deserve during your recovery.

Our ‘No Fee Promise’

We want you to focus on your recovery, not on lawyers’ fees on top of your other expenses. So, you do not owe us anything for our services until we win compensation for you. If we do not secure damages for your injuries, then we do not get paid either. This is our “No Fee Promise,” and it applies to all of our cases and all of our clients.

Call Our Attorneys Now

The sooner you give us a call, the sooner we can get started working for you. To receive your free case evaluation and to learn more about your options for suing a doctor without malpractice insurance, call the Law Office of Cohen & Jaffe, LLP today at (866) 878-6774.