Medical Malpractice Malpractice Insurance Lapse

[JHillstrand]

I am in the middle of Medical Malpractice Civil Suit against my prescribing doctor. I have just found out that his malpractice coverage had lapsed while I was a patient of his. He was on probation from the Colorado Medical Board, and one of his probationary terms was that he was required to have malpractice insurance, which clearly he did not. My question is, Can I go after the party that was responsible for mandating his probationary terms, since they dropped the ball? ie; medical board...

 

[Michael Wechsler]

I'm sure if it were possible, it would have been tried before by numerous other plaintiffs. I'm not sure that the Board can be liable for a doctor allowing his coverage to expire - what are they supposed to do? They can't be responsible to police every doctor and be responsible for their conduct / misconduct. From what you're saying, he had coverage at the time of his probation and allowed it to expire. That would probably be grounds for suspension once his case is reviewed and that's all.