02/08/2013
RESPONSES / COMMENTS (PM JURY VERDICT REPORTER)
RE: Alleged Lack of Informed Consent and Causing of DVT
From: Adam Cirlincione, DPM
I was wondering if there is a source for podiatrists to read about these cases in their entirety, including statements made by expert witnesses. I am curious in this specific case as to why a podiatrist was alleged to have caused a DVT? With the incidence of DVT following foot and ankle procedures reported to be very low, my curiousity in this case revolves around an accusation of a physician being associated with the development of one.
I understand there may be more accusations made in this case, and this is why I ask if we can read more about it. I know there has been previous discussions in this forum on expert testimony on both sides, but I think it would be a valuable learning tool to be able to read what was said under oath by the experts.
Adam Cirlincione, NY, NY, pittpod@gmail.com
Editor's comment: Full court testimony is public record and can be read by going to the court in which the case was tried. In the past, these transcripts were recorded by a court stenographer and often were costly to obtain. These days, most transcripts are digitally recorded and more accessible. PM News is currently negotiating with a service that will supply these transcripts, which we intend to post on our website.
02/07/2013
RESPONSES / COMMENTS (PM JURY VERDICT REPORTER)
RE: Alleged Lack of Informed Consent and Causing of DVT
From: Gerald Mauriello, Jr., DPM, MA
This is absolutely ridiculous. It's one thing if the patient was not informed properly when being consented. However, to make the leap and state that due to a surgical procedure being done "incorrectly," the result was a DVT seems to be quite a stretch. Thankfully, in this case, reason prevailed.
Gerald Mauriello, Jr., DPM, MA, Freehold, NJ, drmauriello@gmail.com
05/09/2012
RESPONSES / COMMENTS (PM JURY VERDICT REPORTER)
RE: Alleged Medical Negligence Resulting in Amputation (AZ) (Michael Rosenblatt, DPM)
From: Larry Kansky DPM, JD
Dr. Rosenblatt bets that Plaintiff Mr. Bullock's podiatric malpractice suit was instigated by the outside influence of family and friends.
This lawsuit likely began for two reasons. First, Mr. Bullock was upset because he lost part of his right foot. Second, Bullock found a podiatric expert willing to testify that his treating podiatrist's care was below standard.
Larry Kansky DPM, JD, Wilkes-Barre, PA, Larry.Kanky@gmail.com
04/13/2010
RESPONSES / COMMENTS (PM JURY VERDICT REPORTER)
RE: Accountability of Expert Witnesses (Adam Cirlincione, DPM)
From: Michael M. Rosenblatt, DPM, Adam Cirlincione, DPM
Adam Cirlincione, DPM, of Glen Cove, NY reports that there are several DPM experts who take plaintiffs' positions, at least in the NY area. According to Dr. Cirlincione, these names appear “over and over” on various cases where most plaintiffs lose their cases.
If you are a defendant and ask your own counsel if you should initiate some kind of action against these “repetitive experts,” your counsel will almost always advise against it. This represents a “cognitive dissonance” between doctors and lawyers. Doctors and lawyers cross paths, but each have their own professional interests. These conflict, even if they are hired to defend you.
Defense attorneys can and do “cross the line” to go to the other side. This elasticity is part of their economic view. They are disinclined to see “experts” either sued or censured, because they may need them in some case in the future. The entire business model of the malpractice industry DEPENDS on plaintiffs' experts, even if incompetent.
If you wish to take action, whether legal or by association censure, don’t expect help from attorneys. You will have to do it yourself, in concert with your various professional associations. Attorneys who defend you are as much a part of the system as those repetitive plaintiffs’ experts. In general, nearly all attorneys wish to perpetuate the present system, whether they disclose this to you or not.
Michael M. Rosenblatt, DPM, San Jose, CA, Rosey1@prodigy.net
Editor’s note: Dr. Cirlincione’s extended-length letter can be read here.
04/10/2010
RESPONSES / COMMENTS (PM JURY VERDICT REPORTER)
RE: Accountability of Expert Witnesses
From: Adam Cirlincione, DPM
I have on multiple occasions (most recently PM News of April 09, 2010) noted that the same podiatrists are listed as plaintiff's expert witness on cases within New York. I have also noted that typically, these experts lose the case in question. In this day of decreasing reimbursement, poor economy, and the increase in litigious patients entering all of our practices, how do we justify the fact that these same doctors who continually testify against their peers maintain membership in the same professional societies that I have worked hard to become a part of?
I know I will receive e-mails/responses telling me that perhaps these doctors are out to better our profession in some way, or that these doctors are "great people," but please explain to me how we allow these doctors to continue to be a drain on the system we are all asking to be fixed? We know very well that these doctors are paid for their opinions, and these opinions depend on how much they are paid and by whom they are paid.
I am sure there are correct procedures to follow to remove someone from a professional membership, but I get the feeling that perhaps we may fall short in this area. How does one find out a history of actions that an ethics committee of APMA/NYSPMA/ACFAS has taken in the past? Is there a transparent database of actions these professional societies have taken in regard to what they consider false or misleading testimony? It may make it easier for me to decide where I spend my money and which professional societies I support.
Adam Cirlincione, DPM, Glen Cove, NY, pittpod@gmail.com
04/01/2010
RESPONSES / COMMENTS (PM JURY VERDICT REPORTER)
RE: Alleged Improper Treatment of Foot Fracture (Douglas Pacaccio, DPM)
From: Barry Mullen, DPM, Michael M. Rosenblatt, DPM
Dr. Pacaccio has every right to feel outraged. His comments speak volumes towards the need for meaningful malpractice tort reform. Simple proposals include but shouldn't be limited to: 1) creation of a loser pay system 2) establishment of a small physician panel to review potential malpractice complaints to determine if a given case has any merit that warrants a jury trial and 3) creation of a peer review system of accountability relative to expert witness testimony.
Are mechanisms already in place that act as effective deterrents towards false, embellished or misleading expert witness testimony? If so, do these exist on a state-wide or federal level? What is the process for filing a formal medical ethics complaint against an expert witness who falsifies his/her testimony? Who must file it? Does a discovery time line exist? What are the penalties/ramifications for an expert witness who falsifies his/her testimony? I'm sure all of my colleagues join Dr. Pacaccio's frustrations and concerns with respect to these nuisance case examples that utilize incredulous testimony. They simply need to be eliminated from our legal system, and the attorneys and expert witnesses involved must be held accountable for their actions.
Barry Mullen, DPM, Hackettstown, NJ, yazy630@aol.com
Anyone who has treated lower extremity injury cases or been involved with extremity surgery can point to “shortening” of in-line muscle and tendon groups because of non- or restricted-use. This can occur no matter what the cast-positioning is. Atrophy is a very well known result of lack of exercise, and immobilization. This is a key concern for NASA. Atrophy and shortening is a normal product of aging. (The patient who sued was middle-aged, and there is no indication in the report if she was physically active.) This gradual reduction of muscle mass and shortening is called sarcopenia.
I am 67. I can see it happening to me. Statins also contribute to this. This kind of lawsuit represents the worst example of frivolous malpractice lawsuit. The podiatrist (Dr. Touchton) who represented plaintiff did her no favors. She went through an extended period of time hoping for a settlement or judgment that should not occur. Instead, she should have “gotten-on” with her life and extended physical therapy.
I have an article to be printed in Podiatry Management Magazine in the future that deals with “legal obsessions.” Anyone who contributes to this should recognize the damage it causes.
Michael M. Rosenblatt, DPM, San Jose, CA, Rosey1@prodigy.net
03/31/2010
RESPONSES / COMMENTS (PM JURY VERDICT REPORTER)
RE: Alleged Improper Treatment of Foot Fracture (MI)
From: Douglas Pacaccio, DPM
I cannot believe what I read in PM News about this alleged "permanent Achilles shortening." Again, I ask, "who is the lawyer who actually took this case?" But even worse, what doctor would actually try to make any sane argument that he is such an expert in casting that he can tell after the fact that another physician's cast caused permanent shortening of an Achilles tendon? We are clearly not talking about a neglected cast that caused ulcers, infection and amputation; especially when there are descriptions in our literature and textbooks of situations when one would want to cast plantarflexed. We all know that the Achilles and ankle get tight, but guess what?....send the patient to physical therapy. This is ridiculous!
Dr. Touchton should write a letter of apology to the defendant podiatrists for not telling the attorney to pound sand! Can we get his testimony? Unbelievable, truly unbelievable!
Douglas Pacaccio, DPM Yorkville, IL, pacman25@hotmail.com
