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12/14/2013
RESPONSES/COMMENTS (JURY VERDICT REPORTER)
From: Seymour Kessler, DPM
This proves that podiatrists never learn to protect each other. They sell themselves to the legal profession and injure themselves. I have been out of podiatry for 30 years, and things have never changed. 30 years ago, it was Jim Lawton who was the lawyers' prostitute and lost cases that were tried. He made money as an expert against podiatrists, even though he had limited experience in surgical techniques and earned his living as an expert witness. I defended a case against me, pro se, and won. He is now working with a large practice in Illinois and still testifying. When will this profession grow up?
Other messages in this thread:
10/29/2015
RESPONSES/COMMENTS (JURY VERDICT REPORTER)
From: Martin V. Sloan, MS, DPM
I find it incredible that a surgeon would fuse the healthy joint of a 12-year-old child. He must be one of those "unencumbered by the thought process." This is a clear example of why not everybody should be doing foot surgery.
Martin V. Sloan, MS, DPM, Abilene, TX
11/07/2014
RESPONSES/COMMENTS (JURY VERDICT REPORTER)
From: Ira Baum, DPM
If the doctor has malpractice insurance of $250K per incident and the verdict is $775K, is he responsible for the balance of $525K? If the doctor is responsible for the balance, it seems challenging to understand why a podiatrist would defend him- or herself. The doctor obviously believed he did not perform negligently or he wouldn’t have fought the charges; he would have settled (unless the plaintiff wouldn’t settle). He lost the case and lost income from his office, incurred office expenses while defending himself and the balance of the verdict. If he would have won the case, what would have been the results? He would have vindicated himself and still lost the income and expenses being out of his office defending himself, which can take two weeks or longer. In other words, it doesn’t appear he could have won either way. He just took the more expensive route. Something's wrong here.
Editor's comment: PM News does not provide legal advice. If the defendant only had 250K per incident coverage, the doctor would be personally liable for the rest. That's why most practice management experts recommend having 1 million/3 million coverage. The cost difference is not significant, and you will be able to sleep better.
10/20/2014
RESPONSES/COMMENTS (JURY VERDICT REPORTER)
From: Steven J. Kaniadakis, DPM
A necrotic flap can be a bad result of this adjacent procedure. A properly placed single incision can gain access to both spaces. Sometimes the condition clinically appears in the adjacent space in a flat foot.
It seems likely from my reading of the responses that this case was another example of frivolous law suits. A "bad result" is not med-mal from my recollection of risk management. It was my practice and routine to cross-reference the written formal informed consent in progress notes as well, adding for the record that the patient had no other unanswered further questions or concerns.
10/17/2014
RESPONSES/COMMENTS (JURY VERDICT REPORTER)
From: Scott M. Henry, DPM
In response to the malpractice verdict presented in PM News, Oct 16. I would like to know what facts the plaintiff's witness, Jordan Rachlin, DPM, used to support this lawsuit? Is this another case of a podiatrist taking a case to make a few bucks, even though there was no negligence or deviation from standard of care? From the information given, it sure sounds that way.
12/12/2013
RESPONSES/COMMENTS (JURY VERDICT REPORTER) - PART 1B
From: Gerald Mauriello Jr., DPM, MA
Does anyone else think this is ridiculous? Maybe it's just me, but the major problems are the lack of tort reform and podiatrists who make a living capitalizing on it. Remedy this, and there is plenty of money for healthcare. Eliminate the need to practice defensive medicine, wow. One can dream. What goes around comes around.
12/12/2013
RESPONSES/COMMENTS (JURY VERDICT REPORTER) - PART 1A
RE: Botched Bunionectomy Caused Deformity, Plaintiff Claimed (NY)
From: Peter Smith, DPM, Peter Bregman, DPM
I can’t decide which surprises me more - $800K for a sore 5th toe with “loss of independent mobility” or Myron Boxer testifying against another colleague. Oh no wait, neither one surprises me!
I am appalled to see that some woman got over 800k because her 5th toe remained elevated. This is sad for two reasons. 1) The amount 2) I'm pretty sure the toe could have been put rectus by MIS surgery. Biomechanically, it does not make sense that she could not walk normally, as the fifth toe is not needed for ambulation.
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