A patient wins a malpractice suit, but won’t collect since the doctor filed for bankruptcy
“A sweeping federal bankruptcy act the president signed into law last week will still allow doctors to file bankruptcy to avoid paying medical malpractice suits, according to Jeffrey Morris, scholar for the American Bankruptcy Institute in Alexandria, Va., and chair-in-law at the University of Dayton School of Law in Ohio.

Medical malpractice debts are not considered as being due to a ‘willful and malicious injury,’ and are therefore able to be discharged, or canceled, under Chapter 11 or 13 after a certain period of time, such five years, of bankruptcy payments, Morris said, citing a case in Hawaii involving a negligent doctor.”

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