How can I find out how much medical malpractice insurance my surgeon has?

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How can I find out how much medical malpractice insurance my surgeon has?

My general surgeon is a top ranking surgeon employed by a local hospital in New York. How can I find out how much medical malpractice insurance the hospital provides him with any policy he may have in addition on his own? The hospital probably only provides 1.0m or 1.3m per incident which is peanuts. This was supposed to be a laparoscopic cholecystectomy day procedure which turned into an 8 day hospital stay, half of which was in ICU. My bile duct was cut and I have not been the same since. I have returned to the hospital several times, most recently staying for 3 weeks with a bile duct stricture, sepsis, drains, liver hematoma – a complete disaster.

An injured patient should not be limited to a surgeons insurance policy.

Thanks

Asked on March 16, 2018 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can find this information out in a lawsuit, through the legal mechanism or process of "discovery" (such as document production requestions or written interrogatories [questions]). However, there is no mandatory or compulsory way to find out it out outside of litigation: there is no obligation to disclose this information other than in a lawsuit. They could voluntarily choose to disclose it--such as if you retain an attorey who tries to negotiate a settlement before suing--but the release of this information can only be compelled in a lawsuit, so you may have to sue first, before knowing this. 


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