In a deeply disturbing case, a New Jersey resident has been left without legal recourse due to fraudulent activity by the doctor who caused his injuries. The man, Thomas D. of Lakewood, had received surgery from the podiatrist in March of 2010 which left him with what has been described as an “inverted foot.” At the conclusion of his medical malpractice claim, however, the court ruled that the insurance provider did not have to pay out the claim, because the doctor had lied on his initial application.
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Fraudulent Activity
When applying for medical malpractice insurance, which all doctors in New Jersey are required to carry, the podiatrist lied about how much of his practice was in New Jersey, and how much was in Rhode Island. The insurance provider required policyholders to focus at least 51% of their practice in Rhode Island. Since the policy was obtained fraudulently, the court ruled that the provider had no obligation to pay any claims on the podiatrist’s behalf.
A Frightening Precedent
Anyone who lives in New Jersey or regularly visits the state should be extremely alarmed, as this court decision sets a dangerous precedent. Essentially, this court ruling was a message to insurance providers that their failure to perform due diligence in researching their policyholders is totally acceptable, and can actually be used to prevent paying out claims. In this case, a doctor is guilty of both malpractice and fraud, and yet an innocent injured victim is the only one who will pay the price.
Call Christian & Christian To Seek Justice
Since 1975, our Greenville personal injury attorneys have remained committed to providing clients with the highest standard of ethical and effective representation. We take great pride in helping injury victims get the money they need after a serious accident, and stand ready to do the same for you. If you’ve been hurt due to the negligent or careless actions of a doctor or other medical professional, call us today.
If you’ve been hurt, don’t settle for less than you deserve. Contact Christian & Christian today to get started with a free initial consultation.