08/03/2023    Rod Tomczak, DPM, MD, EdD

If Nurse Practitioners Can Increase Scope, Why Can't Podiatrists? (Jon Hultman,, DPM, MBA

I'd like to reply on Jon Hultman's comments on
being a member of APMA and comparing that to being
protected by malpractice insurance. PM News
published reports of malpractice cases involving
podiatrists and listed experts testifying against
podiatrists, often these plaintiffs' experts being
podiatrists and members of APMA themselves and
faculty members of podiatry colleges. There are
some states where MD orthopedic surgeons can
testify against podiatrists, but at least the
podiatry community will know who their orthopedic
friends really are if these cases are also
published.

In the spirit of full disclosure, I testified
against another podiatrist in 1986 or '87. I felt
terrible afterwards.I have only worked for the
defense since then. A DPM college faculty member
and plaintiff's expert used an article I published
in JFAS as proof of another podiatrist's
malpractice. There is an Internet post making it
sound like I was involved in the case as an expert
and I still get accused of testifying in this case.

I am aware of a couple more cases where DPM college
faculty members and longtime APMA members testified
against other podiatrists in high profile cases.
The APMA can't expel or sanction podiatrists who
testify against other podiatrists since these
podiatrists are free to follow their consciences or
jealousies or wishes to supplement their incomes,
but at least their names and case synopses can be
published in PM News or Podiatry Management again.
That's not exactly APMA "protecting" its members,
but it does alert members as to who is helping
increase the cost of malpractice insurance for APMA
members.

Perhaps seminar organizers can avoid scheduling
these experts or maybe PICA can add a surcharge to
their premiums. If these DPM plaintiffs' experts
were truly altruistic and wished to expose
egregious practitioners, they would donate their
expert fees to APMA scholarships or PICA defense
funds.

Rod Tomczak, DPM, MD, EdD, Columbus, OH

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