I am currently pursuing a malpractice claim, after my attorney sent the notice of intent to sue, we recieved a letter informing us that the medical office has filed chapter 11 about a month after the incident in question. Does chapter 11 affect my law suit?
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It can, it puts it on hold. Whether the debt is dischargeable in BK depends on the underlying nature of the claim. But in general, Med Mal claims are treated as general unsecured debt in BK and unless the Dr. acted willfully or maliciously (hard to prove), then the debt can be discharged in BK.
But yes, BK will seriously effect your claim and any potential recovery, sorry to say. -
Out of curosity-wouldn't the doctors insurance carrier still be liable for any claim?Comment
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