I went to a doctor in Florida and saw a sign that said he doesnt have any malpractice insurance... is that true for MDs in NY too?

 

A: No. In Florida, private doctors are permitted to practice medicine without having any medical malpractice insurance. However, they are still required to have enough assets to satisfy a judgment. They must certify that they have assets of a certain value that in the event someone sues them and wins, they would be able to collect a certain minimum amount.

New York does not copy this model. Instead, in NY, physicians are required to have medical malpractice insurance in the amount of $1.3 million/ $3.9 million.

That means that if they are sued and the patient wins a judgment, the insurance company is only legally obligated to pay up to $1.3 million as a maximum amount. Anything above that would be the doctor’s own personal responsibility. That explains why some high-risk physicians or high-risk specialties also have an ‘excess’ policy as an added level of protection.

The $3.9 million is simply the total aggregate amount they will pay for multiple claims against the doctor in any given year the insurance policy is in effect.

Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.