02/19/2014    Burton J. Katzen, DPM

Alleged Improper Diagnosis, Informed Consent, and Improperly Performed Surgery (NY) (Edwin J Harris, DPM)

Dr. Harris, I am so glad you are all for
"fairness" for plaintiffs. I also realize that in
rare occasions, you may come across an
unscrupulous member of our profession who deserves
to be punished. However, what you failed to
mention is how much you profited by trying to
"save the world" from these unscrupulous
podiatrists.

Let me give you a suggestion. About twenty years
ago, I re-operated on a case which had a horrible
result. Since I was the only doctor who saw this
patient after the original surgery, I was called
on to review the case and testify. After reviewing
the previous doctor's record, it was obvious to
anyone that the notes were changed (about three
full pages on every post op visit how the patient
kept traumatizing the surgery, but saying what a
great job he had done).

I informed the attorney that I would not care to
serve as an expert witness, and he threatened to
subpoena me and force me to testify, which he did.
I gave up an entire day of work, spent 3 1/2 hours
on the witness stand, but refused to take a dime
for my testimony. Not having seen the patient pre-
operatively and not being a handwriting expert, I
also refused to testify on the necessity of the
surgery or the possibility of doctored notes.

Bottom line, Dr. Harris, if you feel you must save
the world, go right ahead, just don't do it for
profit. Being a member of the TUSPM Alumni
Association, whenever I hear about a member of our
faculty testifying against a podiatrist, I always
contact the defendant and ask for a copy of the
deposition and file it for possible later use to
anyone who needs it.

I find it hard to believe how many of our own
members also feel like they also have to "save the
world", - FOR A WHOLE LOT OF PROFIT! Reminds me
of the old joke with the punch line "We're not
arguing what you are, we're just haggling over
price".

Burton J. Katzen, DPM, Temple Hills, MD,
DrburtonK@aol.com

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