What is my recourse toward a doctor without medical malpractice insurance?

I am sorry to hear about your husband. You could sue the doctor personally, for one thing. For another, there may be coverage with his facility or with another facility that was involved in the malpractice. I recommend that you contact Ben Murphey, Esq. directly at 954-882-8275 and go over your situation.

Dennis Phillips, Esq.
www.inawreck.com. Negligence is no "accident" (TM)
Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association

You may wish to review the Legal Guide I have published on Avvo.com concerning medical malpractice and what it is. If you believe your husband was the victim of medical malpractice, you should consult another attorney in your area who handles medical malpractice cases.

Unfortunately, some doctors are practicing without medical malpractice liability insurance coverage. A few doctors in the Miami, Florida area have been doing this for years. When they practice without insurance, they generally take pains to attempt to isolate their assets from potential judgments. This is what makes going after them sometimes very difficult, as you can get a judgment awarded but have a difficult time collecting it.

I suggest that you try a few other attorneys in your area to see whether or not they are interested in undertaking your presentation. Do Not Delay in Seeking Counsel.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

Unfortunately, I doubt if you can recover anything. You might check to see if the doctor was working for a clinic that had insurance, otherwise I belive there is no recourse.

A physician in the state of Florida is required to post a statement in his waiting room stating that he does not carry insurance. Also, if they do not have insurance, they are supposed to have a posted a bond with the court. An attorney in your area should be able to determine whether a bond like this has been posted and if it is available to collect.