Legal Question in Medical Malpractice in New York

Re: Malpractice suit against a deceased party

I do agree with Mr. Zuller. I would have to look at the policy to determine what -or if the secondary policy would come into play.

I would also have to examine the complaint of the plaintiff to determine the exposure that the estate would have.

In the meantime your mother may not be able to inherit much because of the claim against the estate.

What we usually do is become a "second chair" in the primary case, urge the carrier to settle within their limits, and threaten to bring action against them - or bring action against them - for not settling within their limits.

It usually works, and your mother could enjoy the benefits of the estate.

If you have any questions please feel free to contact this office.

Re: Malpractice suit against a deceased party

You should determine whether your father's "Excess" coverage was a "claims made" policy. If not, and it was in effect at the time of the alleged medical malpractice, there may be excess coverage applicable to the claim. You don't say what the first tier medmal practice coverage limits are. Also, what are the claimed injuries by the plaintiff? Perhaps the first tier coverage is adequate for the claim? If there is no excess coverage available for a catastrophic injury, and your late father is found significantly liable, the Estate's assets are subject to judgment. Best, M. E. Zuller