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Do I need to disclose that I was named in a malpractice claim if my name was later dismissed as a defendant?

Jacksonville, FL |
Filed under: Litigation

I was named in a medical malpractice lawsuit while I was doing my residency. I don't know why I was named, even the plaintiff's attorney at the time of deposition told me "I don't know why you are named as a defendant" Anyway, my name was dismissed from the claim. I am now applying for malpractice insurance and hospital privileges, and I have to answer the question which asks if I was named in a malpractice claim and I am asked to describe the details of the claim and how it ended. I am hesitant to say that I was named in a malpractice claim because I think I will get judged by others based on it. Since I was dismissed, is it okay to say I have not been named in a malpractice claim. Would it be appropriate or would that mean that I am withholding information.Would appreciate your response

Attorney Answers 4


  1. Were you "named" in the suit? Yes, as a matter of fact, you were named in the suit. So if you want to complete your application truthfully, then you have to answer "yes" to this question. However, in an addendum to the application, you can qualify your answer by giving the additional circumstances you've revealed. The danger of lying and responding with a "no" is: #1, at the end of the application you are attesting to the fact that everything you stated is true, and #2, if they discover that you've lied, this can't bode well for your application. In fact, they may (and probably will) reject you for providing false information. Good luck!

    I hope you found my answer helpful. If you did, please click "helpful" and/or "best answer," because doing so helps my Avvo rating. Please also understand that answering this question doesn't make me your lawyer, and my answer is not even an "initial consultation" with me. In answering your question(s), I am merely giving you VERY GENERAL ADVICE based upon your VERY GENERAL QUESTION. If I indicated that you need to see a lawyer personally, then PLEASE DO SO. Good luck to you!


  2. I agree 100% with my colleague, Mr. Castagliuolo. Whether you are applying to be a lawyer or a doctor, the governing licensing agency such as in your case FL Board of Medicine will not look upon this lightly. An application must be truthful even if it was a seat belt violation let alone a medical malpractice lawsuit. You should worry about being truthful rather than what others' judgment may be towards you. Honesty is the best policy. Good luck.

    The hiring of an attorney is an important decision that you should undertake with careful considerations. The use of Avvo, Inc.'s question and answer forum is only to provide general information and in no way forms an attorney-client relationship between the you and the attorney answering your question.


  3. There is no point in lying on your malpractice application. First, the insurance company has access to databases it can use to figure out if you are truthful. If you are untruthful, they will decline to cover you. Second, if the carrier doesn't figure it out at application time, and if you are so unfortunate to be named in a lawsuit again, the plaintiff's attorney will figure it out, and the carrier will then know--it will decline coverage. That is the last thing you want to have happen! So be truthful; tell the carrier everything about the claim.

    I am licensed only in California and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the specific facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific facts. Contact a lawyer for legal advice. My answer to your question on AVVO does not create an attorney-client relationship.


  4. No, it would not be ok. You can consult an insurance coverage attorney or medical malpractice attorney on this if you wish. I can't see how it would be anything but a material misrepresentation on your application and that would not go well for you.

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