Do I have to pay my insurance company back out of a recovery for medical malpractice?
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In Rhode Island, when a medic malpractice case is brought there is a law called the collateral source rule, which applies and says that you cannot recover for your medical bills which have been paid for by your health insurer. So since you do not recover for those medical bills under the medic malpractice law we have, you do not have to pay your health insurer back.