03/05/2025    Allen M. Jacobs, DPM

Unnecessary and Negligent Calcaneal Osteotomy - Oregon (Jay Grife, DPM, JD)

Dr. Grife suggests that with limited malpractice
liability insurance, a plaintiff attorney is less
inclined to file a malpractice action. This may or
may not be true in a particular case. The ability
of a plaintiff to seek payment from a podiatrist
when the judgement or settlement is in excess of
malpractice policy limits varies from state to
state. Asset protection is importantly to consider
for any healthcare provider.

In some states under some circumstances, the
plaintiff can for example place a lien or levies
on your personal assets such as bank accounts,
homes, etc. You may be required to satisfy a
judgement by taking out a loan against your hard
earned assets. Sometimes the jury awards are later
adjusted. You should consult with an appropriate
health care attorney regarding asset protection
rules and regulations and applicable strategies
relevant to the state in which you practice. You
must do so prior to any claim made against you to
avoid an allegation of fraudulent transfer of
assets.

PM news cited a recent $3,000,000 verdict against
a podiatrist. Two years ago, a plaintiff prevailed
in obtaining a total of $5,000,000 from an ORIF of
an ankle fracture in which there was alleged nerve
injury and CRPS. I have personally seen awards of
$1,000,000 for an Akin procedure, $1,500,000 for a
sesamoidectomy. The famous Rothman orthopedic
institute recently lost a $43,500,000 verdict
following a knee surgery on a special teams payer
for the Philadelphia Eagles.

Dr. Borreggine may be correct. It may be time to
reconsider the $1,000,000/$3,000,000 policy as
adequate in today’s world. Studies specifically on
foot and ankle surgery indicate an average” jury
verdict of around $900,000. This would imply
awards greater than $1,000,000 are neither rare
nor uncommon. You would be well served to research
the rules and regulations in your particular
locality, and consider appropriate actions as you
deem to be necessary for your individual
circumstances. Do not assume personal assets are
always exempt from judgment.

Allen M. Jacobs, DPM, St. Louis, MO

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