In July 2004, Dr. Jay Otero a practicing
psychiatrist, who resided and practiced in
California filed suit against me. The Foot and
Leg Centers of Georgia, PC and the hospital in
which the surgery was performed with the United
States District Court, Middle District of
Georgia, Macon Division. The Foot and Leg Centers
of Georgia, PC and I were initially represented
by counsel hired by their medical malpractice
carrier. The malpractice carrier contested
coverage in the matter and ultimately withdrew
its defense of me and The Foot and Leg Centers of
Georgia, PC., after obtaining a judicial
determination that the claims against me and The
Foot and Leg Centers of Georgia were not covered.
Thereafter, I hired R. Lars Anderson as his
counsel for both me and The Foot and Leg Centers.
Dr. Jay Otero settled his claim against the
hospital for a confidential amount and upon
motion the court dismissed the hospital as a
defendant in the case in March of 2007.
The case against me and The Foot and Leg Centers
proceeded. The court entered a judgment against
me; however Mr. Anderson, my attorney, did not
seek to reduce the verdict by the amount of money
paid by the hospital.
Due to Mr. Anderson not seeking the set off,
(which would be the amount of the judgment
against me, minus the amount paid by the
hospital), I for filed bankruptcy on the advice
of Mr. Anderson, and his co-counsel, Mr. Dick
Thomason, Attorneys at Law, practicing in Macon,
Georgia, and Mr. George Geeslin, bankruptcy
attorney practicing in Atlanta Georgia.
After the filing of the bankruptcy in May of
2008, based on the advice of the three attorneys,
the trustee for the bankruptcy court sued Mr.
Anderson for malpractice in his defense of me in
reference to the medical malpractice case of Dr.
Jay Otero. The malpractice case against Mr.
Anderson alleged that my estate would have been
worth more had Mr. Anderson moved for the set
off, and a failure to do so constituted a breach
of the standard of care. In addition, if Mr.
Anderson had filed for the set off, I would not
have had to file bankruptcy, would not have been
held in civil contempt, and would not have had my
practice placed into receivership.
In July, 2012, Mr. Anderson agreed to a
settlement in the amount of $1,250,00.00 which
will be paid to the bankruptcy court in his
failure to file for the set off.
George R. Vito, DPM, Winston Salem, NC
georgevito@aol.com
