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Friday, January 09, 2004A major part of the plaintiff's case was that I did not practice the standard of care in the Commonwealth of Virginia. Four physicians testified that when they see male patients older than 50 years, they have no discussion with the patient about prostate cancer screening: they simply do the test. This was a very cogent argument, since in all likelihood more than 50% of physicians do practice this way. Meanwhile, in Cleveland, other trial lawyers and their "experts" for hire are working similar mischief. Here's the story of a neurologist who lost his malpractice insurance coverage because he's been sued six times, often without merit. (Emphasis mine): Four of the six cases against Morgenstern were dismissed before he ever met with a lawyer. One case went to trial last month. After five days of testimony, the jury decided in 50 minutes that the complaint had no merit. ...In the lawsuit heard by a Cuyahoga County jury last month, plaintiff William Lapore claimed Morgenstern failed to detect a rare blood vessel disorder of the spinal cord after Lapore came to Hillcrest Hospital in 1999 with back pain and trouble walking. Morgenstern diagnosed the disorder weeks later. Lapore claimed the doctor should have found the problem sooner. But jurors believed Morgenstern could not have detected it initially, based on Lapore's symptoms and diagnostic tests, said jury foreman Jerry Wise man. "Eight jurors voted that Morgenstern provided the standard of care. In fact, we felt he went above and beyond the call of duty," Wiseman said Friday. "We felt he was an exceptional doctor," Wiseman said. "A couple jurors said if we ever had a need for a neurologist, we would go to Dr. Morgenstern." Judge Timothy McGinty called the case "frivolous." "They paid these experts who sign affidavits, and I can't throw the case out," the judge said. ...A lawsuit filed against Morgenstern in 1995 was dismissed because the plaintiff had no expert witness. The suit was brought by the estate of a man who died six weeks after he came to the hospital with dizziness and gastrointestinal illness. The suit was refiled in 1997 and dismissed again. Morgenstern was named in another 1997 lawsuit brought by a man who was hospitalized with heart trouble in 1996. Morgenstern had treated the patient for migraines five years earlier and had not seen him since. The case was dismissed. One case is pending in Cuyahoga County from a patient who suffered a stroke several weeks after visiting Morgenstern with dizziness and other problems. The man claims the medical workup missed the signs. The plaintiff has no lawyer of record. Morgenstern said in a counterclaim that the suit is frivolous and reckless, resulting in his loss of malpractice insurance and income. Morgenstern is asking for damages. "Part of me is really glad I'm leaving. Part of me is really sad," he said. "If you do good medicine, it doesn't mean anything. If somebody wants to sue you and get a doctor to swear there was malpractice, they're there." We need a system in which lawyers are held just as accountable for their actions as the people they sue. posted by Sydney on 1/09/2004 10:01:00 PM 0 comments 0 Comments: |
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