September 22, 2019

Physician’s Failure to Comply With State Malpractice Insurance Requirement Does Not Give Rise to Non-dischargeable Debt

The 11th Circuit (Federal Courts in Georgia must abide by 11th Circuit precedent) recently issued an interesting decision denying the appeal of a malpractice victim in a bankruptcy petition filed by a Florida doctor, Dr. Fernandez-Rocha.  The case arose from a malpractice verdict won by a couple, the Guerras, whose newborn baby died under the care of Dr. Fernandez-Rocha.  Although Florida law requires obstetricians to maintain a minimum of $250,000 of malpractice insurance, Dr. Fernandez-Rocha was not insured.  After the judgment was issued, the doctor filed for bankruptcy in an effort to discharge the debt. [Read more…]

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